California Court of Appeal, Ng v. Super. Ct., Docket No. G064257M

Demurrer

 

Verified Answer

 

California Law

 

 

 

 

(…) Because the Medical Center’s “response is not a demurrer or verified answer, it does not constitute a ‘return’ and does not effectively deny any of the allegations in the petition.” (Caliber Bodyworks, Inc. v. Superior Court (2005) 134 Cal.App.4th 365, 372, fn. 5, disapproved on other grounds by ZB, N.A. v. Superior Court (2019) 8 Cal.5th 175, 196, fn. 8.) Thus, as against the Medical Center, “all facts pleaded in the petition are accepted as true. [Citation.] That consequence, however, has little, if any, significance in this proceeding, which involves an issue of statutory interpretation . . . .” (Caliber Bodyworks, Inc., at p. 373, fn. 5.) (Fn. 2).

 

 

 

(California Court of Appeal, Feb. 20, 2025, Ng v. Super. Ct., Docket No. G064257M, Certified for Publication)