Judge: Jon R. Takasugi, Case: 24STCV08719, Date: 2024-06-05 Tentative Ruling

Case Number: 24STCV08719    Hearing Date: June 5, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s demurrer is SUSTAINED, WITH 15 DAYS LEAVE TO AMEND. Accordingly, the motion to strike is MOOT.

            On 4/8/2024, Plaintiff Fredrick Wooley, Dave Gay, Darrell Gay, Phillip Gay and Emma Gay (collectively, Plaintiff) filed suit against Defendant Sherman Gay Senior (Defendant)

            On 5/3/2024, Defendant demurred to Plaintiff’s Complaint. Defendant also moves to strike portions of Plaintiff’s Complaint.

Discussion 

            Defendant argues that Plaintiff’s Complaint fails to state a claim and is uncertain.

            The Court agrees.

            First, Plaintiffs’ Complaint uncertainly alleges a cause of action for “the inheritance of Patsy Ruth Gay” which is not a cause of action recognized in California. Plaintiffs do not allege any facts which could show that this matter is appropriately brought in this Unlimited Jurisdiction Court, as opposed to Probate Court.

            Second, Plaintiffs’ Complaint is handwritten in difficult-to-read cursive, leaving the Court unable to determine much of the substance of the Complaint. However, what is clear is that an allegation that “Plaintiffs are "suing for the total amount of $640,000, the inheritance from Patsy Ruth Gay half” is insufficient to state a claim.

            Plaintiffs are urged to consult an attorney.

            Based on the foregoing, Defendant’s demurrer is sustained, with 15 days leave to amend. Accordingly, the motion to strike is moot.

It is so ordered.

Dated:  June    , 2024

   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.  For more information, please contact the court clerk at (213) 633-0517.