[TENTATIVE] ORDER RE: DEFENDANTS’ DEMURRER
I. INTRODUCTION
On February 19, 2019, plaintiffs Aram Vardparonyan (“Aram”), through his guardian ad litem Ani Vardparonyan, and Ani Vardparonyan, filed this lawsuit against defendants Clarice Nercese and Hrand Ebrahimi (collectively, “Defendants”) for negligence, negligent infliction of emotional distress, and strict liability arising from a dog bite suffered by Aram on or around February 14, 2017. Defendants demur to the second cause of action for negligent infliction of emotional distress as to both plaintiffs.
II. LEGAL STANDARDS
A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. We accept the factual allegations of the complaint
Hearing Date
October 09, 2019
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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[TENTATIVE] ORDER RE: DEFENDANTS’ DEMURRER
I. INTRODUCTION
On February 19, 2019, plaintiffs Aram Vardparonyan (“Aram”), through his guardian ad litem Ani Vardparonyan, and Ani Vardparonyan, filed this lawsuit against defendants Clarice Nercese and Hrand Ebrahimi (collectively, “Defendants”) for negligence, negligent infliction of emotional distress, and strict liability arising from a dog bite suffered by Aram on or around February 14, 2017. Defendants demur to the second cause of action for negligent infliction of emotional distress as to both plaintiffs.
II. LEGAL STANDARDS
A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. We accept the factual allegations of the complaint