CARISSA A. COPELAND VS. NEIL D. EISENBERG, INDIVIDUALLY AND DBA EISENBERG ET AL

Matter on the Law & Motion / Discovery calendar for Tuesday, June 24, 2025, Line 2. DEFENDANT NEIL EISENBERG'S DEMURRER to 1ST Amended COMPLAINT.

Defendant Eisenberg Law Office, A Professional Corporation's demurrer to all three causes of action in the first amended complaint filed by plaintiff Carissa Copeland is overruled in its entirety. All four of the arguments of the Eisenberg Law Office (ELO) lack merit.

ELO's first argument asserting that the first cause of action for declaratory relief is time-barred lacks merit because the Doe Amendment naming ELO relates back to the filing of this case.

ELO's second argument that the first cause of action for declaratory relief fails to state a claim because it does not allege lack of adequate remedy or urgency lacks merit because no such allegations are required for a declaratory relief claim.

ELO's third argument that the second and third cause of action do not allege damages lack merit because both of those claims adequately allege damages.

ELO's fourth argument that the first amended complaint does not allege damages sufficient to support a superior court's civil unlimited jurisdiction lacks merit because that is not an argument cognizable on a demurrer and in all events the allegation that ELO asserts a lien of $80,000 is sufficient to support civil unlimited jurisdiction.

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