California Tentative Rulings
DEMMURRER TO ANSWER Generally, the rules governing demurrers to complaints are also applicable to demurrers to answers. [5 Witkin, California Procedure (4th ed.)] For purposes of a demurrer, each defense in the answer must be considered separately without regard...
Demurrer No Facts Alleged to Support Affirmative Defenses SUSTAINED WITH LEAVE TO AMEND as to affirmative defenses 1 and 3 – 27. Plaintiff argues correctly that all 27 affirmative defenses are defective because they are not properly supported by factual...
Plaintiff D.C. Carpet & Restoration Services, Inc.’s Demurrer to the first, second, fourth through seventh, and ninth through seventeenth affirmative defenses of Defendant Gary Ochse’s Answer, is sustained in part and overruled in part. The court sustains the demurrer for...
Cross-complainant John McWilliams’ Demurrer to Cross-defendant Bank of America’s First Amended Answer (“FAA”) is overruled. The Court overrules the special demurrer for uncertainty as to all causes of action (Code Civ. Proc., § 430.20, subd. (b)). A demurrer for uncertainty...
Defendant 21st Century Insurance’s motion to quash service of the Summons and Complaint, Farmers Insurance Company, Inc.’s demurrer to the Complaint, and Plaintiff’s demurrer to 21st Century Casualty Company’s Answer came on for on March 29, 2016. Plaintiff Cornell Mitchell...
[TENTATIVE] ORDER RE: PLAINTIFF’S DEMURRER TO ANSWER I. BACKGROUND On September 2, 2015, Plaintiff Benjamin Art (“Plaintiff”) filed this action against Defendant Basem Sarwat Mosaad (“Defendant”) for alleged damages arising out of a motorcycle vs. vehicle accident. On October 1,...
TENTATIVE RULING JUDGE DALILA C. LYONS DEPARTMENT 20 ________________________________________ Ruling: Plaintiff’s demurrer to the First Amended Answer’s Affirmative Defenses Nos. 3-19, 21-24 is SUSTAINED with leave to amend. Plaintiff’s demurrer to the First Amended Answer’s Affirmative Defenses No. 27 is...