What is the effect of a motion to dismiss an allegation of sexual assault made against a defendant?
California, United States of America
The following excerpt is from Montegani v. Johnson, No. F057304 (Cal. App. 4/6/2010), No. F057304. (Cal. App. 2010):
Defendants responded to the allegations in the 2002 complaint by filing a demurrer. The superior court sustained the demurrer without leave to amend. The superior court's decision was affirmed by this court in an unpublished opinion. (Montegani v. Johnson (May 21, 2003, F041158).) The opinion stated:
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