Judge: Jon R. Takasugi, Case: 20STCV33045, Date: 2023-02-17 Tentative Ruling

Case Number: 20STCV33045     Hearing Date: February 17, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendants’ demurrer is SUSTAINED, WITH 20 DAYS LEAVE TO AMEND.

            On 8/31/2020, Plaintiff Briand Esquire (Plaintiff) filed suit against Peter David Walker, Lisa Michelle Walker, Audry Olson, Raymond Sharp, Gourmet Demonstration Services, Inc., and Natural Choice Marketing, LLC, asserting 46 causes of action.

            Now, Defendants the Lemon Perfect Company and Yann-Alfred Jeffrey Hufnagel (collectively, Defendants) demur to Plaintiff’s Complaint.

Discussion

            Defendants argue that Plaintiff has not alleged sufficient facts to state a claim against them.

            The Court agrees.

            Here, Plaintiff’s 46 causes of action are based on unidentified “overt acts” by Defendants between January 2019 and October 2020 which allegedly caused unidentified damages. Plaintiff does not allege any facts to show what kind of relationship he had with Defendants. As such, Plaintiff necessarily has not alleged any facts which could show that Defendants breached an alleged duty to Plaintiff, or that Plaintiff suffered any damages.

            Conclusory allegations that the “acts of defendants were negligent” is insufficient. Plaintiff must allege facts which could show that Defendants were negligent. Plaintiff’s remaining 45 causes of action suffer from similar deficiencies, i.e., conclusory allegations. Plaintiff’s opposition only confirms the ambiguous nature of the FAC by conceding that only 16 of the 46 causes of action are alleged against Defendants, and by attempting to add new facts not alleged in the underlying complaint.

            Based on the foregoing, Defendants’ demurrer is sustained, with 20 days leave to amend. In granting leave, Plaintiff is advised that he must abide by Court rules regarding formatting and page-limits.

It is so ordered.

Dated:  February    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

            Due to Covid-19, the court is strongly discouraging in-person appearances.  Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk.  The court encourages the parties wishing to argue to appear via L.A. Court Connect.  For more information, please contact the court clerk at (213) 633-0517.  Your understanding during these difficult times is appreciated.