JP Morgan Chase Bank v. Romero, Joseph

This demurrer essentially attempts to turn this into an evidentiary hearing through the guise of judicial notice. The question is whether the operative pleading sufficiently alleges exhaustion of remedies. The court, trial and appellate, accepts all facts alleged in the complaint as true, and draws all reasonable inferences from those facts in favor of the plaintiff. (Kruss v. Booth (2010) 185 Cal.App.4th 699, 713) Making all inferences in favor of Plaintiff, the inference is that paragraph 18 alleges Plaintiff adequately exhausted his remedies. We simply cannot consider on demurrer any extrinsic arguments from Defendant that he did not exhaust his remedies. Weil & Brown California Practice Guide (The Rutter Group) (2022) Civil Procedure Before Trial, Demurrer, [7:44] No matter how unlikely: The sole issue raised by a general demurrer is whether the facts pleaded state a valid cause of action – not whether they are true. Thus, no matter how unlikely or improbable, plaintiff’s allegations must be accepted as true for the purpose of ruling on demurrer. [Del E. Webb Corp. v. Structural Materials Co. (1981) 123 CA3d 593, 603] Defendant shall file an answer within 20 days’ notice of this order. The Court will prepare the order.

3. 25CV01719 JP Morgan Chase Bank v. Romero, Joseph

EVENT: Opposition to Claim of Exemption

The Court will conduct a hearing.

4. 25CV03377 Li, Yi v. Crew Enterprises, LLC et al.

EVENT: Motion to set Aside Default (Continued from 3/25/26)

Motion to set Aside Default is GRANTED. Defendant shall separately file and serve the proposed demurrer within 10 days of this order. Defendant shall prepare the form of order.

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