Judge: Mark E. Windham, Case: 23STLC07963, Date: 2024-07-16 Tentative Ruling

Case Number: 23STLC07963    Hearing Date: July 16, 2024    Dept: 26

Ovsepian v. Lopez, et al.

DEMURRER

TENTATIVE RULING:

Defendant Cynthia Lopez’s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

ANALYSIS:

On December 18, 2023, Plaintiff Oganes John Ovsepian (“Plaintiff”), in propria persona, filed the Complaint in this action against Defendant Cynthia Lopez (“Defendant”). On June 11, 2024, Defendant filed the instant Demurrer to the Complaint, also in propria persona. No opposition to the Demurrer has been filed to date.

Discussion

The Demurrer is not accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Lopez Decl.) However, failure to comply with the meet and confer requirement is not grounds to overrule the Demurrer. (Code Civ. Proc., § 430.41, subd. (a)(3)(B)(4).) Defendant is admonished that failing to meet and confer in the future may result in the Demurrer being placed off calendar.

Defendant demurs on the grounds that the Complaint fails to allege facts sufficient to state a cause of action. (Notice of Demurrer, p. 2:10-11 [citing Code Civ. Proc., § 430.10, subd. (e)].) The Courts finds that the Complaint fails to allege facts sufficient to state a cause of action. The Complaint is set forth on Judicial Council Form PLD-C-001 and indicates that Plaintiff asserts a single cause of action for breach of contract. (Compl., ¶8.) However, beyond the name of the cause of action, no factual allegations are included in the Complaint. The form complaint specifically requires that such allegations be attached but no additional pages are attached. (See ibid.) Nor has Plaintiff filed any opposition to the instant Demurrer demonstrating that the Complaint includes sufficient allegations or can be amended to do so. (See Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.) Therefore, the Demurrer to the Complaint is sustained without leave to amend.

Conclusion

Defendant Cynthia Lopez’s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Court clerk to give notice.