SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, SOUTH DISTRICT
LB Oceanaire Development LLC, Plaintiff, v. Haley Hunter, Defendant.
Case No.: 20LBUD00477
ORDER ON DEMURRER
Hearing Date: July 1, 2020
Defendant Haley Hunter has filed a demurrer. (Code of Civil Procedure § 430.10.) A general demurrer tests the legal sufficiency of the allegations of the complaint. A demurrer must be based on defects that appear on the face of the pleading itself without consideration of any extrinsic evidence. With very limited exceptions, none of which are applicable to this demurrer, defendant may not challenge the factual allegations in the complaint nor raise new factual matter. Instead, a demurrer makes the assertion that even if all of the facts alleged in the complaint are true, the plaintiff still loses. See, Serrano v. Priest (1971) 5 Cal.3d 584, 591: “We treat the demurrer as admitting all material facts properly pleaded...”
Demurrer
Defendant claims that the Com
Hearing Date
July 01, 2020
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, SOUTH DISTRICT
LB Oceanaire Development LLC, Plaintiff, v. Haley Hunter, Defendant.
Case No.: 20LBUD00477
ORDER ON DEMURRER
Hearing Date: July 1, 2020
Defendant Haley Hunter has filed a demurrer. (Code of Civil Procedure § 430.10.) A general demurrer tests the legal sufficiency of the allegations of the complaint. A demurrer must be based on defects that appear on the face of the pleading itself without consideration of any extrinsic evidence. With very limited exceptions, none of which are applicable to this demurrer, defendant may not challenge the factual allegations in the complaint nor raise new factual matter. Instead, a demurrer makes the assertion that even if all of the facts alleged in the complaint are true, the plaintiff still loses. See, Serrano v. Priest (1971) 5 Cal.3d 584, 591: “We treat the demurrer as admitting all material facts properly pleaded...”
Demurrer
Defendant claims that the Com