Judge: Christian R. Gullon, Case: 23PSCV01825, Date: 2023-11-07 Tentative Ruling
Case Number: 23PSCV01825 Hearing Date: November 7, 2023 Dept: O
Tentative Ruling
(1)
Defendant EAN HOLDINGS, LLC’s (“Ean Holdings”)
Demurrer to Plaintiff’s Complaint is SUSTAINED with leave to amend.
(2)
Defendant Enterprise Rent-A-Car Company’s
(“Enterprise”) Demurrer to Plaintiff’s Complaint is SUSTAINED with
leave to amend.
Background
This is a negligence case arising from a motor vehicle
accident.
On October 3, 2023, both moving Defendants filed the instant
demurrers.
On October 25, 2023, Plaintiff filed their opposition to
Enterprise’s demurrer.
To date (Friday, 11/3), no reply has been received (due 5
court days before hearing).
Discussion
Both Defendants demurrer on the grounds that: (1)
Plaintiff’s action fails to state a cause of action, (2) uncertainty and (3) Plaintiff’s
action is preempted/barred by the Grave’s Amendment.
The court finds the complaint is uncertain. The complaint
alleges that all Defendants were negligent and that such negligence
caused the accident. The complaint improperly lumps multiple defendants
together, which, to Defendants’ point, non-individual defendants can’t
“operate” a vehicle. (See
Wilson v. Household Fin. Corp., (1982) 131 Cal. App. 3d 649, 653 [noting that court properly
sustained demurrer because plaintiff cannot allege claim against defendant by
merely lumping it together with the other defendant, as the demurring defendant
did not have duties of an insurer].)
As on a
demurrer a court is bound by the four corners of the pleading and not the
briefs, the relevant information must be found in the complaint. (See Melikian
v. Truck Ins. Exchange (1955) 133 Cal.App.2d 113, 114.) Thus, absent
sufficient pleadings, the court cannot reach legal issues such as the Graves
Amendment.
All in all, while the complaint need not be pled with
specificity to plead negligence, it need be pled with clarity, which it does
not.
Conclusion
Based on the foregoing, the demurrers are sustained with
leave to amend.