Judge: Elaine W. Mandel, Case: 23SMCV02581, Date: 2023-12-11 Tentative Ruling

Case Number: 23SMCV02581    Hearing Date: February 28, 2024    Dept: P

Tentative Ruling

Jane Doe v. Edward Bass Films et al., Case No. 23SMCV02581

Hearing Date February 28, 2024

Defendant Michael Edward Bass’ Demurrer to First Amended Complaint

Plaintiff Doe alleges defendant Bass raped her in 2021, when she was 17. Defendant Bass in pro per demurs to the first amended complaint (FAC) for uncertainty.

A complaint is subject to demurrer for uncertainty if it fails “as a whole . . . to apprise the defendant of the basis on which the plaintiff is seeking relief.” E.g. Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6.

Uncertainty

All causes of action in the FAC are alleged with a similar formula. All preceding paragraphs are re-alleged and incorporated. Then Doe states in a conclusory fashion that defendant engaged in conduct constituting the elements of the claim. This is insufficient to overcome demurrer. The court cannot determine whether all causes of action are based on the 2021 rapes alleged in paragraph 8 or if other conduct underlies some or all of plaintiff’s claims. Each claim must be amended with specific – not conclusory -- factual allegations so the factual basis for every cause of action is clear.

The demurrer argues for more specificity than is required. Doe need not allege “how the parties met, how long the relationship lasted, when it ended, etc.” She needs only to ground each cause of action in specific facts so Bass is aware of the nature of the claims alleged. SUSTAINED with ten days leave to amend.

Request for Judicial Notice

Bass requests judicial notice of text messages, photographs and various alleged extrinsic facts, including plaintiff’s alleged use of a false ID, length of plaintiff’s relationship with defendant, text messages between the parties, plaintiff’s alleged sexual history, use of marijuana and involvement in an insurance fraud scam.

Bass does not cite any statute or other basis for these documents or allegations to be judicially noticed. On demurrer, the court must treat the allegations in the complaint as true. Bass’ factual allegations about Doe are not judicially noticeable, and improper on demurrer.