Judge: Elaine W. Mandel, Case: 24SMCV03910, Date: 2025-01-23 Tentative Ruling

Case Number: 24SMCV03910    Hearing Date: January 23, 2025    Dept: P

Tentative Ruling

Bailey v. Stater Bros Corporation, Case no. 24SMCV03910

Hearing date January 23, 2025

Defendant Stater Bros.’ Demurrer to the Complaint

Plaintiff Candace Bailey, in pro per, sues defendants Stater Bros. Corporation, Holdings and La Cadena Investments for 10 COAs including “ADA/DPA” and “Discrimination” arising from an “internalized racist/prejudice cashier employee.” The complaint contains no further allegations or prayers for relief. Defendant Stater Bros. demurs, offers the declaration of counsel Varner and requests judicial notice. Plaintiff does not oppose.

Stater Bros. requests judicial notice of its most recent statement of information filed with the California Secretary of State establishing its proper name and status as “Stater Bros. Markets,” a California corporation. Cal. Evid. Code §452(c) allows judicial notice of acts of the executive, judicial and legislative branches of the United States or of any state thereof. GRANTED.

“The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420. A complaint “is sufficient if it alleges ultimate rather than evidentiary facts,” Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550, but plaintiff must allege essential facts “with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent” of the plaintiff’s claim. Doheny Park Terrace Homeowners Ass’n., Inc. v. Truck Ins. Exchange (2005) 132 Cal.App.4th 1076, 1099.

Stater Bros. demurs to the complaint generally and to each COA. Stater Bros. argues no allegations are offered in support of any COA such that defendants could be acquainted with the “nature, source and extent” of plaintiff’s claims. Doheny Terrace, supra. Stater Bros. offers the declaration of Varner to demonstrate that it has attempted to make plaintiff aware of this fatal defect but has received no response. Decl. Varner para. 3. Stater Bros. notes the second named defendant in the action is merely listed as “Holdings,” and the third is listed as La Cadena Investments which has been defunct since 1985. Decl. Varner para. 5. Plaintiff’s complaint is devoid of any essential facts and what exists is unintelligible.

SUSTAINED with leave to amend.