Tentative ruling issued by Judge Deborah C SERVINO on May. 07, 2021 in Orange County, CA - Case no: xxxxx755

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On May 7, 2021, Judge Deborah C SERVINO of Orange County Superior Court, Department C21, issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) Orange County, California. Hearing Date 05.07.2021.

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Defendants Ameci’s-Wala, LLC, Walid Assoum, and David De La Rosa’s general demurrer to Plaintiff Luis Galindo Salas’s Second Amended Complaint (“SAC”) is overruled.
A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Leek v. Cooper (2011) 194 Cal.App.4th 399, 413.) On demurrer, a complaint must be liberally construed. (Code Civ. Proc., § 452; Stevens v. Superio….....

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