This Tentative Ruling is made by Judge Richard Seabolt Defendant The Regents of the University of California's Demurrer Plaintiff Manuel D. Oliveira's First Amended Complaint is OVERRULED IN PART and SUSTAINED IN PART WITH AND WITHOUT LEAVE TO AMEND.
STANDARD
The function of a demurrer is to test the sufficiency of the pleading it challenges by raising questions of law. (Salimi v. State Comp. Ins. Fund (1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271; Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1114 n.2.) "If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer." (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38-39; Bagatti v. Dept. of Rehabilitation (2002) 97 Cal.App.4th 344, 352.)
For the purpose of determining the effect of a complaint, its allegations are liberally construed
Hearing Date
June 08, 2021
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This Tentative Ruling is made by Judge Richard Seabolt Defendant The Regents of the University of California's Demurrer Plaintiff Manuel D. Oliveira's First Amended Complaint is OVERRULED IN PART and SUSTAINED IN PART WITH AND WITHOUT LEAVE TO AMEND.
STANDARD
The function of a demurrer is to test the sufficiency of the pleading it challenges by raising questions of law. (Salimi v. State Comp. Ins. Fund (1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271; Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1114 n.2.) "If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer." (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38-39; Bagatti v. Dept. of Rehabilitation (2002) 97 Cal.App.4th 344, 352.)
For the purpose of determining the effect of a complaint, its allegations are liberally construed