American Lending Center Holdings Inc. vs. Zhou

# Case Name 1 American Lending Center Holdings Inc. vs. Zhou

2025-01507222 Motion to Compel Production

Continued to 10/14/2026 in Dept. CM02 2 Henggeler vs. The Pegasus School

2024-01438973 Demurrer to Amended Complaint

Defendant The Pegasus School’s demurrer to plaintiff Jerilynn Henggeler’s second amended complaint (“SAC”) is sustained without leave to amend. [ROA ## 98

Defendant’s unopposed request for judicial notice is granted.

Legal Standard for Demurrer A demurrer can be used only to challenge defects that appear within the “four corners” of the pleading – which includes the pleading, any exhibits attached, and matters of which the court is permitted to take judicial notice. Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994. Limited to the “four corners” as such, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordinary and concise language, and with sufficient detail to acquaint a defendant with the nature, source and extent of the claim. Leek v. Cooper (2011) 194 Cal.App.4th 399, 413.

On demurrer, a complaint must be liberally construed. Code Civ. Proc. § 452; Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601. All material facts properly pleaded, and reasonable inferences, must be accepted as true. Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 966-967.

Discussion

First Cause of Action for Intentional Misrepresentation

The statute of limitations is three years. Code Civ. Proc. §338(d).