Tentative ruling issued by Judge Renee C. Reyna on Apr. 11, 2022 in Los Angeles County, CA - Case no: xxxxx152

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On April 11, 2022, Judge Renee C. Reyna of Los Angeles County Superior Court, Department 29, issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) Los Angeles County, California. Hearing Date 04.11.2022.

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Case Number: 20STCV09152 Hearing Date: April 11, 2022 Dept: 29 TENTATIVE

Defendants demurrer is SUSTAINED with leave to amend in part and OVERRULED in part. The demurrer is SUSTAINED with leave to amend as to the causes of action for negligent infliction of emotional distress and intentional infliction of emotional distress, but OVERRULED as to the cause of action for negligence per se.

Legal Standard

A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda
(2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power
(2006) 144 Cal.App.4th 1216, 1228.) The court treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law &. (Berkley v. Dowds
(2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must….....

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