Defendant’s Unopposed Demurrer against Plaintiff’s Complaint is SUSTAINED WITH LEAVE TO AMEND. Plaintiff is to file and serve an amended complaint within 20 days of receiving notice of this ruling.

Defendant Kulwinder Shergill DBA Lucky Auto Repair & Tire “Defendant” has filed a demurrer against Plaintiff Izneida Acosta Corrales’s (“Plaintiff”) Complaint. Defendant argues that the Complaint fails to state facts sufficient to constitute a cause of action against Defendants under CCP § 430.10(e).

THE STANDARD:

A demurrer is an objection to a pleading, the grounds for which are apparent from either the face of the complaint or a matter of which the court may take judicial notice. (Code Civ. Proc., § 430.30, subd. (a); see also Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The purpose of a demurrer is to challenge the sufficiency of a pleading “by raising questions of law.” (Postley v. Harvey (1984) 153 Cal.App.3d 280, 286.) “In the construction of a pleading, for the purpose of determini