Judge: Elaine W. Mandel, Case: 23SMCV00270, Date: 2023-05-24 Tentative Ruling

Case Number: 23SMCV00270    Hearing Date: May 24, 2023    Dept: P

Tentative Ruling

Hunter “Milo Senaca” Nation v. Bubba Gump Shrimp Co., Case No. 23SMCV00270

Hearing Date May 24, 2023

Defendant’s Demurrer to Amended Complaint (UNOPPOSED)

Plaintiff Hunter “Milo Senaca” Nation, in pro per, sues defendant Bubba Gump Shrimp Co. restaurant for negligence. Defendant Gump demurs, arguing the complaint is uncertain and fails to allege the elements of negligence.

The complaint does not allege that Gump owes a duty to Nation, how that duty was breached, or how Nation was damaged. Plaintiff’s handwritten statement of facts implies defendant Gump declined to hire him. See page 2. Unless plaintiff pleads more factual detail, neither the court nor defendant can discern the basis of Nation’s claim for relief. There is no opposition filed. SUSTAINED with ten days leave to amend.