Judge: Armen Tamzarian, Case: 24STCV09275, Date: 2025-02-25 Tentative Ruling

Case Number: 24STCV09275    Hearing Date: February 25, 2025    Dept: 52

Defendant Los Angeles County Metropolitan Transportation Authority’s Demurrer

Defendant Los Angeles County Metropolitan Transportation Authority (MTA) demurs to the entire complaint by plaintiff Susaj Q. Roadhouse. 

The complaint is fatally uncertain and does not allege sufficient facts to constitute any cause of action against MTA.  “Demurrers for uncertainty are disfavored, and are granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond.”  (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695, internal quotes and alterations omitted.)  The complaint must sufficiently apprise defendants of the claims against them.  (Ibid.) 

Plaintiff’s complaint does not adequately apprise MTA of any claims against it.  The complaint does not even clearly identify MTA as a defendant.  In some of plaintiff’s later filings, the caption listed “Updated Addition(s)” to the named defendants, including “Metro – Los Angeles County Metropolitan Transportation Authority.”  Plaintiff, however, never filed an amendment to the complaint to substitute MTA for a Doe defendant and never filed an amended complaint. 

The complaint appears to allege plaintiff was mistreated in criminal justice proceedings and during incarceration.  Paragraph 10.f of the complaint identifies plaintiff’s “other” cause of action as: “Plaintiff won case # BA498979 as 2 wrongful incarceration and also sexual abuse reported as deputy to inmate and more.”  Plaintiff’s complaint makes no intelligible allegation of what MTA did.  MTA cannot reasonably respond to this complaint. 

Disposition

Defendant Los Angeles County Metropolitan Transportation Authority’s demurrer to the complaint by plaintiff Susaj Q. Roadhouse is sustained with leave to amend.  Plaintiff Roadhouse may file a first amended complaint within 15 days.