Judge: Kevin C. Brazile, Case: BC667644, Date: 2022-09-21 Tentative Ruling

Hearing Date: September 21, 2022

Case Name: Janbahan, Sr v. County of Los Angeles

Case No.: 22STCV12564 

Matter: Demurrer

Moving Party: Defendant County of Los Angeles

Responding Party: Unopposed

Notice: OK

Ruling: The Demurrer is sustained, with twenty days leave to amend.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

On April 14, 2022, Jason V. Janbahan, Sr, a pro per litigant, filed a Complaint against the County of Los Angeles.

The County demurs to the Complaint for uncertainty and failure to state sufficient facts.

When considering demurrers, courts read the allegations liberally and in context, and “treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Serrano v. Priest (1971) 5 Cal.3d 584, 591.)  “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a cause of action.”  (Hahn v. Mirda¿(2007) 147 Cal.App.4th 740, 747.)  It is error “to sustain a demurrer without leave to amend if the plaintiff shows there is a reasonable possibility any defect identified by the defendant can be cured by amendment.”  (Aubry v. Tri-City Hospital Dist.¿(1992) 2 Cal.4th 962, 967.)

Although the Complaint has something to do with a false arrest, home invasion, and failure to timely respond by the LAPD, the factual basis for the Complaint is unclear.  Likewise, it is unclear what causes of action are being asserted by Plaintiff.  Thus, the Demurrer is sustained, with twenty days leave to amend.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.