Dell v. French

By Judge Jane Marum Roush

This matter came on to be heard on May 5, 1995, on the Defendants’ demurrer. The Court requested and received supplemental briefs from counsel. The Court has now had the opportunity fully to consider the pleadings, the briefs, and. the arguments of counsel. For the reasons stated below, the demurrer is sustained in part and overruled in part.

Facts

A demurrer admits the well-pleaded facts alleged in the motion for judgment, as well as those facts that may be fairly inferred from the facts alleged. See, e.g., Rosillo v. Winters, 235 Va. 268, 367 S.E.2d 717 (1988); Duggin…