Judge: Malcolm Mackey, Case: 22STCV33549, Date: 2023-08-24 Tentative Ruling
Case Number: 22STCV33549 Hearing Date: August 24, 2023 Dept: 55
GROFT
v. TELECARE CORP., 22STCV33549
Hearing Date: 8/24/23,
Dept. 55.
#8: DEMURRER TO FIRST AMENDED COMPLAINT. MOTION TO STRIKE PORTIONS OF PLAINTIFF’S
AMENDED COMPLAINT.
Notice: Okay
No Opposition
MP:
Defendant
RP:
Summary
On 10/14/22, Plaintiff SAMUEL GROFT,
a self-represented litigant, filed a two-page, handwritten Complaint,
alleging that 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 were stated.
On 4/28/23, Plaintiff filed a form First Amended
Complaint having hard-to-understand allegations regarding abuse experienced by
behavioral modification teams and defamation through mental hospitalizations.
MP
Positions
Moving party requests an order sustaining the demurrer
to the First Amended Complaint, and granting the motion to strike, on grounds including the
following:
·
The First Amended Complaint is
unintelligible and not in the form of a complaint.
·
Plaintiff’s list of various torts at p.
003 fails to provide any information or facts that would be sufficient to state
any claim.
·
If TELECARE CORPORATION is the sole
defendant, then the allegations are vague as to what the facts are as to the
alleged acts or omissions of TELECARE and what may be attributable to any other
person.
·
Prayers for damages and penalties are not
authorized by law as to health care providers.
CCP § 425.13.
·
Plaintiff already was given an opportunity
to amend the Complaint, in the ruling on the prior demurrer.
Tentative
Ruling
The unopposed demurrer is sustained, without leave to
amend, based upon all of its page numbers.
The unopposed motion to strike is granted, without
leave to amend, for the reasons stated.
The failure to file a proper and timely opposition in
trial court creates a waiver of the issues on any appeal. Bell v. Am. Title Ins. Co. (1991) 226
Cal. App. 3d 1589, 1602; Cabrini
Villas Homeowners Assn. v. Haghverdian (2003) 111 Cal. App. 4th 683,
693. A judge in a civil case is not
"'obligated to seek out theories [a party] might have advanced, or to
articulate … that which … [a party] has left unspoken.'" Mesecher v.