Judge: Jon R. Takasugi, Case: 24STCV27473, Date: 2025-02-21 Tentative Ruling



Case Number: 24STCV27473    Hearing Date: February 22, 2025    Dept: 17

Superior Court of California

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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