Judge: Marcella O. Mclaughlin, Case: 37-2023-00031580-CU-PO-CTL, Date: 2024-05-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 16, 2024

05/17/2024  09:00:00 AM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2023-00031580-CU-PO-CTL BRABAZON VS REID [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 01/11/2024

A. Defendant's demurrer to the complaint is OVERRULED.

The demurrer to count 1 is overruled. '[I]n ruling on a demurrer, the trial court is obligated to look past the form of a pleading to its substance.' Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.

'Erroneous or confusing labels attached by the inept pleader are to be ignored if the complaint pleads facts which would entitle the plaintiff to relief.' Id. Here, although plaintiff labeled her first cause of action as one for 'battery,' the allegations set forth therein state a claim for assault. See Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 890.

The demurrer to count 2 is overruled. Plaintiff alleges that 'Dr. Reid climbed onto and struck plaintiffs vehicle with his hands, while screaming obscenities at her, to the point that plaintiff reasonably believed she was in imminent danger of great bodily harm.' (Complaint at p. 5.) She further alleges that 'Dr.

Reid's actions were committed at least in part based on plaintiff's gender[.]' (Id.) These facts – which the court must liberally construe and accept as true – are sufficient to state a claim for 'gender violence.' Civ. Code § 52.4(c)(1).

B. Defendant's motion to strike portions of the complaint is DENIED. Sufficient facts have been pled to establish 'malice' within the meaning of Civil Code section 3294(c)(1) – i.e., 'conduct which is intended by the defendant to cause injury to the plaintiff[.]' C. Defendant must file and serve an answer to the complaint by May 28, 2024.

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