Judge: Linda S. Marks, Case: 2021-01186529, Date: 2022-11-28 Tentative Ruling

Motion for Judgment on the Pleadings filed by Kimberly  Justiniani on 7/26/22

Defendant Kimberly Justiniani’s Motion for Judgment on the Pleadings is granted with leave to amend. Defendant’s request to deem plaintiff Dennis Justiniani a vexatious litigant is denied without prejudice.

CCP §425.10 states, in relevant part, that a complaint shall contain “A statement of the facts constituting the cause of action, in ordinary and concise language.” Here, the Complaint (ROA 2)—a judicial council form complaint—does not contain any facts. The only clue about the purported cause of action is that it is for “NIED.” (ROA 2, ¶10). This is Plaintiff’s first attempt to plead his claims.

Tentative Ruling: Defendant Kimberly Justiniani’s Motion for Judgment on the Pleadings is GRANTED with 15 days leave to amend.

Defendant’s request to deem plaintiff Dennis Justiniani a vexatious litigant is DENIED without prejudice. The request is premature. The court cannot ascertain, based on the pleading before it, whether the filing of this action meets the standards of CCP §§391 et. seq.