Attorney Lopez Uses Demurrer To Reduce Five Claims To Two

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.

Mikhail Lopez has been representing defendant in a tort and negligence case filed by plaintiff against friends and representatives of the plaintiff’s former spouse.  The plaintiff filed a 57-page Complaint alleging 19 different causes of action against four named co-defendants.  Mr. Lopez’s client was the subject of five of those nineteen claims.  Mr. Lopez used a demurrer, which is a type of pre-trial motion, to reduce the original five claims against his client to only two counts.  Demurrers are difficult to prevail on, as they look only to the legal sufficiency of a claim, so it is not often that those requests are granted.  Furthermore, Mr. Lopez was able to convince the Court that the claims against his clients should be dismissed with prejudice, which cuts off the plaintiff’s ability to revise the allegations and try to bring them again.  This helped to narrow the issues against the client, which will allow for a more efficient discovery and overall litigation process.

 

Mikhail N. Lopez
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Criminal Defense and General Civil Litigation Attorney