FCS056065
Demurrer by Defendant FIRST PRESYTERIAN CHURCH OF VALLEJO to Plaintiff’s
Complaint
TENTATIVE RULING
The demurrer by Defendant FIRST PRESBYTERIAN CHURCH OF VALLEJO
(“CHURCH”) raised two basic challenges to the 2nd cause of action labeled as one for
general negligence: (1) uncertainty; and (2) failure to state a cause of action, as no
specific statutes or code sections were identified as having been violated.
Sustaining a demurrer based on uncertainty is disfavored, unless if renders the pleading
impossible to know what charge is to be answered, or to determine how to investigate
the charge through discovery. Edmon & Karnow (Weil & Brown), Civil Procedure
Before Trial, §§7:85 and 7:86, p. 7(I)-41.
The court does not find the 2nd cause of action here suffi
Hearing Date
October 26, 2021
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FCS056065
Demurrer by Defendant FIRST PRESYTERIAN CHURCH OF VALLEJO to Plaintiff’s
Complaint
TENTATIVE RULING
The demurrer by Defendant FIRST PRESBYTERIAN CHURCH OF VALLEJO
(“CHURCH”) raised two basic challenges to the 2nd cause of action labeled as one for
general negligence: (1) uncertainty; and (2) failure to state a cause of action, as no
specific statutes or code sections were identified as having been violated.
Sustaining a demurrer based on uncertainty is disfavored, unless if renders the pleading
impossible to know what charge is to be answered, or to determine how to investigate
the charge through discovery. Edmon & Karnow (Weil & Brown), Civil Procedure
Before Trial, §§7:85 and 7:86, p. 7(I)-41.
The court does not find the 2nd cause of action here suffi