Guerin v. Mechanicsville Properties, L.L.C.

By Judge J. Overton Harris

Before the Court is Defendant’s demurrer to Plaintiff’s Amended Complaint. The Court heard argument on the demurrer on September 3, 2010, and took the matter under advisement. Following thorough review of the pleadings, the memoranda and briefs filed by counsel, and the law, the Court finds as follows.

I. Standard of Review

A demurrer may be employed to strike a pleading that does not state a cause of action or fails to state facts upon which relief may be granted. Virginia Code § 8.01-273. A demurrer admits the factual pleadings to be true and accepts any reasonable…