PRETRIAL ADJUDICATION
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Demurrers
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Ruling on Demurrer
.........Policy to Construe Pleading Liberally
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Allegations in pleadings should be liberally construed.
Demurrers for banks improperly sustained where P stated wrongful foreclosure claim "under the lenient standards applied to demurrers."
Demurrer for lenders in loan mod. process improper where homeowner sufficiently alleged equitable estoppel to preclude lenders' reliance on statute of frauds defense, and she sufficiently alleged C/A for wrongful foreclosure.
Although complaint against County filed beyond Gov. Code time limit, P should have had an opportunity to amend complaint to allege equitable estoppel on part of County.
Pleadings should be liberally construed; so long as they apprise opponent of specific charges to be met, not required to plead evidentiary facts.