CU23-00404
Demurrer
TENTATIVE RULING
Defendants CHANG WANG and YEN WANG demur to the third, fifth, sixth, and
seventh causes of action within Plaintiffs DENNIS GREEN and EMMA
PROCTOR’s complaint against them. Defendants argue that all of the targeted
causes of action are barred by relevant statutes of limitations and that the sixth
cause of action, brought solely by PROCTOR for disability discrimination in
violation of the Fair Housing and Employment Act (the “FEHA”), additionally fails
due to PROCTOR’s lack of a right-to-sue notice from the Department of Fair
Employment and Housing (the “DFEH”). Summarized, Plaintiffs’ complaint
alleges that Plaintiffs rented residential property from Defendants and that the
property has numerous serious habitability issues.
Legal Standard. “The function of a demurrer is to test the sufficiency of the
complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118
Cal.App.4th 1413, 1420.) A complaint is sufficient if it alleges ultima