Motion: (1) Demurrer by Defendant Nancy Lampros to Plaintiff’s Second Amended Complaint
Tentative Ruling: To Overrule the Demurrer by Defendant Nancy Lampros to Plaintiff’s Second Amended Complaint as to all causes of action. Defendant shall file an answer to the Second Amended Complaint within ten (10) days of this order.
For purposes of assessing the sufficiency of a demurrer, the court is to assume the truth of all well-pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; CCP 430.30.) The court will accept as true all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) The court “‘is to determine whether the pleaded facts state a cause of action on any available legal theory.' [Citation.]" (Richelle L. v. Roman Catholic Archbishop (2003) 106 Cal.App.4th 257, 266.)
Plaintiff acknowledged his prior pleading lacked factual allegations to support the asserted causes of action. In his current pleading
Hearing Date
January 30, 2019
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Motion: (1) Demurrer by Defendant Nancy Lampros to Plaintiff’s Second Amended Complaint
Tentative Ruling: To Overrule the Demurrer by Defendant Nancy Lampros to Plaintiff’s Second Amended Complaint as to all causes of action. Defendant shall file an answer to the Second Amended Complaint within ten (10) days of this order.
For purposes of assessing the sufficiency of a demurrer, the court is to assume the truth of all well-pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; CCP 430.30.) The court will accept as true all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) The court “‘is to determine whether the pleaded facts state a cause of action on any available legal theory.' [Citation.]" (Richelle L. v. Roman Catholic Archbishop (2003) 106 Cal.App.4th 257, 266.)
Plaintiff acknowledged his prior pleading lacked factual allegations to support the asserted causes of action. In his current pleading