Judge: James A. Mangione, Case: 37-2024-00001006-CU-OE-CTL, Date: 2024-05-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 31, 2024

05/31/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Other employment Demurrer / Motion to Strike 37-2024-00001006-CU-OE-CTL ALEXANDER VS NUWEST GROUP HOLDINGS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant's Demurrer is sustained with leave to amend.

Although demurrers for uncertainty are disfavored and PAGA allegations are, to some extent, necessarily generalized to encompass all aggrieved employees, a PAGA plaintiff is not excused from pleading some factual allegations to support the alleged Labor Code violations. Here, Plaintiff's complaint is little more than a recitation of the elements of the causes of action with Plaintiff's name inserted. Defendant is entitled to sufficient factual allegations to allow it to determine the basis for the alleged violation and answer appropriately. Even under the notice pleading standard, Plaintiff's complaint fails to satisfy this requirement.

Plaintiff's evidentiary objections are overruled.

Plaintiff's amended complaint is due within twenty (20) days.

The minute order is the order of the Court.

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