S-CV-0040206 Rizzi-Dunn, Reinhilde et al vs. Haenggi, Christina Riens

If oral argument is requested, it shall be heard on Thursday, April 12, 2018 at 8:30 a.m. in Department 32:

Defendant’s Demurrer to Complaint

Preliminary Matters

The court shall consider the untimely opposition filed by plaintiffs since defendant was afforded an opportunity to review and respond to their arguments.

Ruling on Demurrer

The demurrer is sustained with leave to amend. A party may demur to a complaint where the pleading does not state facts sufficient to constitute a cause of action. (Code of Civil Procedure section 430.10(e).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff’s allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) A review of the elder abuse claim shows that the allegations are deficiently pleaded and insufficient to support the first cause of action.

Plaintiffs may file and serve their first amended complaint by April 20, 2018.