Kuigoua

INTRODUCTION

A demurrer tests the sufficiency of a pleading. It is not the forum to resolve questions of fact. Here, a plaintiff filed a malpractice action against his former attorneys. The attorney defendants responded by filing a demurrer claiming that the parties attended a pre-litigation mediation at which plaintiff agreed to settle and release all his claims against them. The demurrer attached a copy of the parties’ purported settlement agreement. The trial court sustained the demurrer without leave to amend, relying on the defendants’ factual representations and evidence to conclude that plaintiff’s claims were barred by the release contained in the agreement. Plaintiff appeals the trial court’s orders sustaining the defendants’ demurrer and dismissing his claims against them. We reverse, concluding the trial court erred in considering and relying on defendants’ extrinsic evidence and factual representations in ruling on the demurrer. Plaintiff also challenges a subsequent order by the trial court denying a motion to vacate that he filed while this appeal was pending. As plaintiff did not separately appeal the trial court’s order denying the motion to vacate, we are without…