Judge: Jon R. Takasugi, Case: 24STCV27473, Date: 2025-02-21 Tentative Ruling
Case Number: 24STCV27473 Hearing Date: February 22, 2025 Dept: 17
County of Los
Angeles
DEPARTMENT 17
TENTATIVE RULING
|
PHILLIP CHATMAN
vs. T MOBILE USA, INC., et al. |
Case
No.: 24STCV27473 Hearing Date: February 21, 2025 |
Defendant’s
demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND.
On
10/21/2024, pro per Plaintiff Phillip Chatman (Plaintiff) filed suit
against T- Mobile USA, Inc., and Becky DeGorge.
On 1/21/2025,
Defendant T. Mobile USA, Inc. (Defendant) demurred to Plaintiff’s Complaint.
The motion is
unopposed.
Discussion
Defendant
argues that Plaintiff’s Complaint is uncertain and fatally vague.
The
Court agrees.
Plaintiff’s
Complaint is not accompanied by a Summons or any proof of service. The hearing
of the Complaint provided Plaintiff’s address, 4323 S. Harvard Blvd, Los
Angeles, CA 90062, but no other contact information, such as a phone number.
Moreover, the Complaint is written in such a way that neither Defendant nor the
Court is able to glean what, if any, causes of action are attempted to be
stated against it. It appears that the Complaint seems to blame Defendant for
hacking and identity theft, though this is uncertain. Much of the complaint
appears to have to do with Defendant Becky Degorge, who is potentially
Plaintiff’s landlord. The Complaint neither states any causes of action against
T-Mobile, nor does it ask the Court for any relief.
Plaintiff
did not oppose this motion, and thus the Court is without any resolution to
these uncertainties. Without any clarification as to if or how the Complaint
could be amended to state a cognizable claim, the Court has no reasonable basis
for believing leave to amend could correct the identified defects.
Based
on the foregoing, Defendant’s demurrer is sustained, without leave to amend.
It is so ordered.
Dated: February
, 2025
Hon. Jon R.
Takasugi
Judge of the
Superior Court
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If all parties to a motion submit, the court will adopt this
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