Judge: Linda S. Marks, Case: 2022-01276312, Date: 2022-12-19 Tentative Ruling
Demurrer to Complaint filed by Centaurus Diamond Technologies, Inc. on 10/10/22
Defendant Centaurus Diamond Technologies, Inc. filed a Demurrer to the entire Complaint pursuant to Code of Civil Procedure section 430.10(e) and (f) on the grounds that each cause of action fails to state facts sufficient to constitute a cause of action and that the allegations as they pertain to Defendant Centaurus Diamond Technologies, Inc. are uncertain.
As presented, the Complaint does not appear to allege any cause of action against Defendant Centaurus Diamond Technologies, Inc. In fact, because the Complaint does not comply with California Rules of Court, rule 2.112(4) it is unclear what causes of action are directed against Defendant Centaurus Diamond Technologies, Inc. (Cal. Rules of Court, rule 2.112, subd. (4).) This makes the complaint uncertain and does not state facts against Defendant Centaurus Diamond Technologies, Inc. sufficient to constitute a cause of action. Moreover, the facts alleged under each cause of action do not mention Defendant Centaurus Diamond Technologies, Inc. specifically or generally as “defendant.” This further supports the conclusion that Plaintiff has not stated facts against Defendant Centaurus Diamond Technologies, Inc. sufficient to constitute a cause of action.
Tentative Ruling: The Demurrer is SUSTAINED in its entirety with 15 DAYS LEAVE TO AMEND.
Defendant Centaurus Diamond Technologies, Inc. to give notice.