Judge: James A. Mangione, Case: 37-2023-00038831-CU-PN-CTL, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 28, 2024

03/29/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Professional Negligence Demurrer / Motion to Strike 37-2023-00038831-CU-PN-CTL MURTHI VS APPLE INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Apple Inc.'s demurrer to Plaintiff Thenmozhi Murthi's complaint is sustained with leave to amend.

The complaint purports to allege causes of action for: (1) general negligence; (2) intentional tort; and (3) products liability against Defendant. Defendant demurrers based on uncertainty and failure to state a claim.

At this stage of the case, the Court is required to liberally construe the allegations of the complaint, with a view to substantial justice between the parties. (Code Civ. Proc., 452.) In ruling on a demurrer, the court is to consider the legal sufficiency of an opponent's pleading based on defects that appear either on the face of the pleading or from matters subject to judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) 'Because a demurrer tests the legal sufficiency of a complaint, the plaintiff must show the complaint alleges facts sufficient to establish every element of each cause of action.' (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43.) A demurrer should be sustained if the plaintiff fails to plead any essential element of a particular cause of action. Demurrers for uncertainty are disfavored, however they may be granted if the pleading is so incomprehensible that a defendant cannot reasonably respond. (Morris v. JPMorgan Chase Bank, N.A.

(2022) 78 Cal.App.5th 279, 292.) A court should liberally grant leave to amend a defective complaint subject to demurrer. (Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 971.) In this case, Plaintiff's complaint fails to allege any facts to support any of the elements for the three causes of action asserted. As such, Plaintiff's entire complaint is subject to demurrer for failure to allege facts sufficient to state a cause of action and for uncertainty.

An amended complaint may be filed no later than April 8, 2024.

The minute order is the order of the Court.

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