Case No.: 19STCV44377     Track Rulings In Case

Kim v. Lee

Defendant’s Demurrer to Plaintiff’s Complaint is OVERRULED in part and SUSTAINED WITH LEAVE TO AMEND in part. Defendant’s demurrer to the first cause of action is OVERRULED. The demurrer to the second cause of action is SUSTAINED WITH LEAVE TO AMEND. Plaintiff has 15 days from notice of this ruling to amend. (Code Civ. Proc. §§ 430.10, subds (e) & (f).)

Plaintiff Jung Eung Kim alleges that on December 1, 2019 he entered the West Bethel Presbyterian Church of which he was then a member. Defendant Kwang Soon Lee, also a member of the church, forcefully snatched Plaintiff’s cell phone away from Plaintiff’s hand. Complaint, ¶ 13. Plaintiff demanded the return of his cell phone, but Defendant refused. Complaint, ¶ 13. Plaintiff alleges he was able to retrieve his cell phone, but Defendant “man-handled” Plaintiff to forcefully pry the cell phone out of Plaintiff’s hands again. Complaint, ¶ 14.

Plaintiff further alleges that at the ti........