Taxson v. Taxson

BY JUDGE ROSEMARIE ANNUNZIATA

This matter is before the Court on defendants’ demurrer to plaintiff’s Motion for Judgment. Plaintiff is suing defendant on two counts. Count I alleges that the defendant breached the parties’ Property Settlement Agreement. Count II alleges intentional infliction of emotional distress. For the reasons stated below, the demurrers are sustained.

A demurrer tests the sufficiency of the allegations made in a motion for judgment. Mankin v. Aldridge, 127 Va. 761, 764 (1920); Elliott v. Shore Stop, Inc., 238 Va. 237, 244 (1989). When considering a demurrer, a court must…