Judge: James L. Crandall, Case: 22-1252146, Date: 2022-10-20 Tentative Ruling

1.    Demurrer to Complaint

Defendant Extended Stay America, Inc.’s demurrer to the Complaint filed by Plaintiffs Toni Wiggins and Hasani Lee is SUSTAINED with 20-days leave to amend.

Defendant moves pursuant to Code of Civil Procedure sections 430.10(e)-(g).

Code of Civil Procedure section 425.10, subdivision (a) provides: “A complaint or cross-complaint shall contain . . . [¶] (1) “A statement of the facts constituting the cause of action, in ordinary and concise language.”

Pursuant to Ludgate Ins. Co. v. Lockheed Martin Corp. (2000) 82 Cal.App.4th 592, 608 “a Plaintiff is required…to set forth the essential facts of his case with reasonable precision and with particularity sufficient to acquaint a Defendant with the nature, source and extent of his cause of action.”

A demurrer for uncertainty lies only where the complaint is so poorly pled that a defendant cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against it. (Khoury v. Maly’s of California, Inc. (1993) 14 Cal.App.4th 612, 616.)

One of the grounds on which Defendant demurs to the Complaint is that the Complaint is uncertain. Plaintiffs have filed a 28-page handwritten Complaint which alleges 18 causes of action on Judicial Council Forms for General Negligence, Intentional Tort, Premises Liability and Exemplary Damages Attachment.

The Complaint refers to theft, assault, invasion of privacy, premises liability and numerous other torts but it is unclear what Plaintiffs are alleging occurred, when such events occurred, who committed the alleged offenses, or how Defendant is liable for the actions of others.

Further, the facts relating to the same events, vary from one cause of action to another, sometimes elaborating and adding facts and sometimes contradicting prior statements. The allegations in the Complaint are simply insufficient to apprise Defendant of the claims asserted against it.

Accordingly, the demurrer to the Complaint is SUSTAINED with 20-days leave to amend.

2.    Motion to Strike Complaint

Defendant Extended Stay America, Inc.’s Motion to Strike Punitive Damages from Plaintiffs Toni Wiggins and Hasani Lee’s Complaint is DENIED as MOOT.

Given the Court’s ruling SUSTAINING the demurrer to the Complaint, the Motion to Strike is DENIED as MOOT.

Defendant to give notice.

3.    Case Management Conference

Future hearing dates

No future hearing dates