Judge: Mark E. Windham, Case: 20STCV41525, Date: 2022-12-15 Tentative Ruling

Case Number: 20STCV41525    Hearing Date: December 15, 2022    Dept: 26

Williams v. Eaves Woodland Hills, et al.
(1) DEMURRER TO FIRST AMENDED COMPLAINT; and

                                    (2) MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT

TENTATIVE RULING:

Defendant Woodland Hills East, LLC’s Demurrer to the First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Defendant Woodland Hills East, LLC’s Motion to Strike Portions of First Amended Complaint is PLACED OFF CALENDAR.

ANALYSIS:

Plaintiff David Williams (“Plaintiff”) brings the instant action against Defendant ASN Woodland Hills East, LLC (erroneously sued as “Eaves Woodland Hills”) (“Defendant”) on October 29, 2020. Originally assigned to an Independent Calendar department, the case was transferred to the Limited Jurisdiction Court on May 12, 2022.

Plaintiff filed a First Amended Complaint for damages on July 29, 2022. Defendant filed the instant Demurrer to the First Amended Complaint and Motion to Strike Portions of the First Amended Complaint on November 10, 2022. No opposition has been filed to date.

Discussion

The First Amended Complaint does not specify the cause of action asserted against Defendant, other than to seek damages based on discrimination. (FAC, p. 2:5-8.) Plaintiff alleges that he submitted an application to Defendant on September 2 (no year indicated) but Defendant has not submitted certain documents for processing or approval. (Id. at p. 1:15-19.) Defendant allegedly provided conflicting information regarding the delay. (Id. at pp. 1:20-2:4.) Therefore, Plaintiff alleges that this is a clear case of discrimination and seeks damages of $25,000.00 for losses and punitive damages. (Id. at p. 2:5-8.)

Demurrer to First Amended Complaint

The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Ung Decl., ¶¶3-4.) Defendant demurs to the First Amended Complaint for failure to allege sufficient facts and uncertainty. (Code Civ. Proc., § 430.10, subds. (e), (f).)

The First Amended Complaint fails to allege facts to support a cause of action. It does not allege what law or right has been violated, other than to broadly allege discrimination. Plaintiff does not indicate to what protected category they belong, their relationship to Defendant, what kind of entity Defendant is, what obligations Defendant owes to Plaintiff, or what conduct by Defendant was unlawful. It is impossible to discern from the First Amended Complaint on what facts Plaintiff is purportedly entitled to any damages.

Plaintiff has not filed an opposition to the instant Demurrer, nor otherwise demonstrated that the pleading can be amended to allege the necessary facts, as is their burden. (See Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.) Therefore, the Demurrer is sustained without leave to amend.

Motion to Strike Portions of First Amended Complaint

In light of the ruling sustaining Plaintiff’s Demurrer to the First Amended Complaint, the Motion to Strike is placed off calendar as moot.

Conclusion

Defendant Woodland Hills East, LLC’s Demurrer to the First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Defendant Woodland Hills East, LLC’s Motion to Strike Portions of First Amended Complaint is PLACED OFF CALENDAR.

Moving party to give notice.