Notice of Hearing on Demurrer and
PURPERA vs HEIMER
Demurrer to Cross-Complaint;
CVPS2102137
Memorandum of Points and Authorities
Tentative Ruling:
Sustain with 20 days leave to amend as to the third cause of action for fraud
and fourth cause of action for negligent misrepresentation.
To withstand a demurrer the complaint must contain “a statement of the facts constituting the
cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he
complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that
might eventually form part of the plaintiff’s proof need not be alleged. (C.A. v. William S. Hart
Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead facts
necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v.
City of Los Angeles (2007) 42 Cal.4th 531, 549-550.) A demurrer on the ground of uncertainty
will only be sustained where a defendant cannot r
Hearing Date
December 15, 2021
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Notice of Hearing on Demurrer and
PURPERA vs HEIMER
Demurrer to Cross-Complaint;
CVPS2102137
Memorandum of Points and Authorities
Tentative Ruling:
Sustain with 20 days leave to amend as to the third cause of action for fraud
and fourth cause of action for negligent misrepresentation.
To withstand a demurrer the complaint must contain “a statement of the facts constituting the
cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he
complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that
might eventually form part of the plaintiff’s proof need not be alleged. (C.A. v. William S. Hart
Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead facts
necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v.
City of Los Angeles (2007) 42 Cal.4th 531, 549-550.) A demurrer on the ground of uncertainty
will only be sustained where a defendant cannot r