Judge: Mark H. Epstein, Case: 24SMCV05898, Date: 2025-04-16 Tentative Ruling

Case Number: 24SMCV05898    Hearing Date: April 16, 2025    Dept: I

The demurrer is SUSTAINED WITH 30 DAYS’ LEAVE TO AMEND.  The court has reviewed the complaint and cannot ascertain exactly what the basis is for the lawsuit.  While demurrers for uncertainty are disfavored, the fact remains that this case is one of the relatively rare cases where the demurring party has made out its case.  That is especially true given that defendant is a public entity and it does not appear from the complaint that plaintiff has complied with the Government Tort Claims Act nor has plaintiff properly pled the specific cause of action upon which suit is being brought or the facts that would support such a suit.