Judge: Melvin D. Sandvig, Case: 23CHCV03037, Date: 2024-03-15 Tentative Ruling

Case Number: 23CHCV03037    Hearing Date: March 15, 2024    Dept: F47

Dept. F47

Date: 3/15/24

Case #23CHCV03037

DEMURRER TO THE ORIGINAL ANSWER

Demurrer filed on 1/16/24.

MOVING PARTY: Plaintiff Lenekia Lung

RESPONDING PARTY: Defendant Kamal McBride-Wilson

NOTICE: ok

Demurrer is to the 20 affirmative defenses asserted in Defendant Kamal McBride-Wilson’s Answer to Plaintiff Lenekia Lung’s complaint.   

RULING: The demurrer is overruled. 

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of a motor vehicle collision that occurred on 11/14/22.  On 10/10/23, Plaintiff Lenekia Lung (Plaintiff) filed this action against Defendant Kamal McBride-Wilson (Defendant) for: (1) motor vehicle and (2) general negligence.  On 1/5/24, Defendant filed an answer to the complaint asserting 20 affirmative defenses.

After meet and confer efforts failed to resolve the issues Plaintiff had with the answer, on 1/16/24, Plaintiff filed and served the instant demurrer to each of the affirmative defenses in Defendant’s answer on the grounds that the defenses do not state facts sufficient to constitute a defense, are improperly pleaded and/or are uncertain.  CCP 430.20(a), (b).  On 2/29/24, Defendant filed an opposition to the demurrer.  Defendant contends that Plaintiff’s efforts to meet and confer before filing the demurrer were not made in good faith and, therefore, the demurrer should be overruled.  However, failure to meet and confer is not grounds to overrule or sustain a demurrer.  See CCP 430.41(a)(4).  Therefore, the Court will address the merits of the demurrer.   

ANALYSIS

Pleadings are to be liberally construed with a view toward substantial justice between the parties. CCP 452.  The Court finds that Defendant’s answer provides Plaintiff with sufficient notice so that Plaintiff may prepare the case and any defects in the answer do not affect Plaintiff’s substantial rights.  See Harris (2013) 56 C4th 203, 239-240; FPI Development, Inc. (1991) 231 CA3d 367, 384-385.  Any uncertainties regarding the affirmative defenses can be resolved through discovery.

CONCLUSION

The demurrer is overruled.