Judge: Lee W. Tsao, Case: 22NWCV01233, Date: 2023-03-09 Tentative Ruling

Case Number: 22NWCV01233    Hearing Date: March 9, 2023    Dept: C

CALLOWAY v. APPLE LOS CERRITOS STORE

CASE NO.:  22NWCV01233

HEARING:  03/09/23

#4

TENTATIVE ORDER

Defendant APPLE INC.’s unopposed Demurrer to Plaintiff’s Complaint is SUSTAINED without leave to amend.

Moving Party to give Notice.

No Opposition filed as of March 7, 2023.

This action was filed by Plaintiff JERRY WAYNE CALLOWAY (pro per) (“Plaintiff”) on November 7, 2022. In Page 1 of the Attachment to Plaintiff’s Form Complaint, Plaintiff alleges, “I was emotionally and financially impacted by the Apple Los Cerritos Store. The Apple Los Cerritos store refused to provide me with professional customer services. The employees at the Apple Los Cerritos store were very rude and disrespectful towards me…. [¶] I’m suing Apple for $250,000.” (Complaint, Att. p.1.) Plaintiff is apparently suing for (1) Travel expenses; (2) Discrimination; (3) Emotional Distress; (4) Lost Income; (5) Money spent at Apple; (6) Interest fees; (7) Financial impact expenses; and (8) Neglect.

No causes of action are checked on Plaintiff’s Form Complaint. Moreover, there are no causes of action attachment sheets attached to the Form Complaint. The Complaint fails to allege any causes of action against Defendant, and fails to allege any facts in support of any causes of action.

The Demurrer is SUSTAINED without leave to amend on the basis of uncertainty.

“A special demurrer for uncertainty is not intended to reach the failure to incorporate sufficient facts in the pleading, but is directed at the uncertainty existing in the allegations actually made.” (Butler v. Sequeira (1950) 100 Cal.App.2d 143, 145-146.) Moreover, demurrers for uncertainty are disfavored and will only be sustained where the pleading is so bad that the defendant cannot reasonably respond, i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him or her. (Khoury v. Maly’s of Calif. Inc. (1993) 14 Cal.App.4th 612, 616.) A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.” (Ibid.)

As alleged, it is unclear what causes of action are asserted against Defendant Apple, Inc. and why. The unopposed demurrer is SUSTAINED without leave to amend.