Judge: Elaine W. Mandel, Case: 22SMCV01932, Date: 2024-02-14 Tentative Ruling

Case Number: 22SMCV01932    Hearing Date: February 14, 2024    Dept: P

Tentative Ruling

Robert Chun v. Gabriel Justin Smith, Case No. 22SMCV01932

Hearing Date February 14, 2023

Demurrer to Gabriel Justin Smith’s Cross-Complaint (UNOPPOSED)

Plaintiff Chun alleges defendant Smith and unnamed Doe defendants approached him outside a friend’s residence. Chun alleges Smith “swung his hand at [Chun’s] face.” Complaint pg. 1. The form complaint is vague as to whether Smith actually struck Chun.

Smith filed a cross-complaint including causes of action for indemnification, apportionment of fault, declaratory relief, and “intentional tort.” Chun demurs and moves to strike Smith’s request. On February 7, 2024 Chun filed a notice of non-receipt of opposition, and no papers opposing the motion have been filed with the court.

 The cross-complaint is devoid of any factual allegations. The court cannot determine the basis for any of the causes of action alleged. A demurrer to the entire pleading is therefore proper.

SUSTAINED with ten days leave to amend.

Since the entire cross-complaint is subject to demurrer, the motion to strike damages requests is MOOT.