Judge: Malcolm Mackey, Case: 22STCV33549, Date: 2023-04-13 Tentative Ruling
Case Number: 22STCV33549 Hearing Date: April 13, 2023 Dept: 55
GROFT
v. TELECARE CORP. 22STCV33549
Hearing Date: 4/13/23,
Dept. 55.
#6: DEMURRER TO COMPLAINT.
Notice: Okay
No Opposition
MP:
Defendant
RP:
Summary
On 10/14/22, Plaintiff SAMUEL GROFT filed a two-page,
handwritten Complaint alleging: Defendant,
TELECARE CORP., in Norwalk, with the Office of Diversion Reentry Program, forced
Plaintiff to live in terror in 5 housing locations, and behavioral modification
groups used slander to try to make Plaintiff angry, and some unknown people in
the community engaged in terrorism.
Plaintiff requests the complaint allegations be forwarded to the F.B.I.
if this case is denied. No causes of
action are stated.
MP
Positions
Moving party requests an order sustaining the demurrer
to the Complaint, on grounds including the following:
·
TELECARE CORPORATION is a California
corporation that is a health care provider for mental health services for
severely and chronically mentally ill persons and persons in crisis.
·
Based upon the failure to state a claim,
the lack of sufficient facts regarding any incident that would give rise to a
claim, lack of facts regarding the date of any incident at issue and the
overall unintelligible content, defendant, TELECARE CORPORATION submits this
General and Special Demurrer to the Complaint.
·
Defendant has been unable to engage in any
meaningful meet and confer on these issues.
Tentative
Ruling
The unopposed demurrer is sustained, based upon all of
its page numbers.
On or before April 28, 2023, Plaintiff may serve upon
Defendant, and file with this Court, an amended Complaint that corrects the
defects.
Courts generally allow at least one time to amend a
complaint, after sustaining a demurrer, even without any request for leave to
amend. McDonald v. Sup.
Demurrers are to be sustained where a pleading fails
to plead adequately any essential element of the cause of action. Cantu v. Resolution Trust Corp. (1992)
4 Cal.App.4th 857, 879-80. Complaints
must state causes of action that have been recognized under California or other
law. Mobley v. L.A. Unified Sch. Dist.
(2001) 90 Cal. App. 4th 1221, 1239-40. Generally,
complaints must contain ultimate facts. Doe
v. City of Los Angeles (2007) 42
Cal.4th 531, 550; Berger v. Cal. Ins.
Guar. Ass’n (2005) 128 Cal.App.4th 989, 1006; Ludgate Ins. Co. v. Lockheed Martin Corp.
(2000) 82 Cal. App. 4th 592, 606. “ ‘[A]
plaintiff is required only to “set forth in his complaint the essential facts
of his case with reasonable precision and with particularity sufficiently
specific to acquaint the defendant of the nature, source, and extent of his
cause of action.” ’ ” Elder v. Pac. Bell Tel. Co. (2012) 205 Cal. App.
4th 841, 858.
*IF PARTIES WOULD LIKE TO SUBMIT ON THE COURT’S
TENTATIVE RULING, PLEASE CALL THE COURTROOM AT 213-633-0655*