Judge: John J. Kralik, Case: 23BBCV01856, Date: 2024-03-08 Tentative Ruling

Case Number: 23BBCV01856    Hearing Date: March 8, 2024    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.   Allegations

Plaintiffs Victoria Goring and Carson Goring (“Plaintiffs”) are self-represented litigants.  They filed the First Amended Complaint (“FAC”) on September 18, 2023 against Defendant Masis Khodaverdian (“Defendant”).  Plaintiffs filed a Form PLD-PI-001 form stating that they are seeking to apply for each cause of action: general negligence, premises liability, and harassment of tenants in violation of Civil Code, § 1940.2.  (FAC, § 10.)  They allege that there are 30 counts of punishable harassment, trauma suffered, and loss of voucher amount due to inhabitability.  (Id., § 14.)  The Court notes that no separate causes of action are alleged with facts and that the FAC mostly consists of exhibits.

B.    Demurrer on Calendar

On January 16, 2024, Defendant filed a demurrer to the FAC. 

The Court is not in receipt of an opposition brief.  On February 28, 2024, Defendant filed a notice of non-opposition stating that he was not in receipt of an opposition brief to the demurrer.

REQUEST FOR JUDICIAL NOTICE

            Defendant requests judicial notice of the complaint filed on August 14, 2023, the amended complaint filed on September 18, 2023, and the Court’s notice of rejection issued on December 12, 2023 of the second amended complaint.  The request is granted.  (Evid. Code, § 452(d).) 

DISCUSSION

            Defendant demurs to the FAC, arguing that it fails to state sufficient facts to constitute a cause of action and is uncertain. 

            The Court has reviewed the FAC and finds that it is uncertain.  While Plaintiffs have checked the boxes off in section 10 of the form complaint that they seek to allege causes of action for general negligence, premises liability, and harassment of tenants in violation of Civil Code, § 1940.2, they have not pled any of the causes of action separately with supporting facts.  Plaintiffs should comply with the Code of Civil Procedure to draft a coherent complaint with the proper headings of the causes of action they seek to assert and the factual allegations to support each cause of action. As currently alleged, the FAC is uncertain.

            The demurrer is sustained with leave to amend. 

CONCLUSION AND ORDER

            Defendant Masis Khodaverdian’s demurrer to the amended complaint is sustained with 20 days leave to amend.