Judge: Melissa R. Mccormick, Case: Pitet v. Morin, Date: 2022-08-04 Tentative Ruling

Plaintiff Christopher L. Pitet’s Demurrer to Answer

Plaintiff Christopher L. Pitet demurs to defendants Robert A. Morin and Morin Private Client Group, LLC’s answer.  Defendants did not file an opposition.  For the following reasons, Pitet’s demurrer is sustained in part and overruled in part.

Affirmative defenses consisting only of legal conclusions are subject to demurrer.  FPI Dev., Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384; see also id. (affirmative defenses “proffered in the form of terse legal conclusions, rather than as facts ‘averred as carefully and with as much detail as the facts which constitute the cause of action and are alleged in the complaint’” subject to demurrer) (citation omitted).  Conclusory allegations of defenses that do not apply to a plaintiff’s claim are also subject to demurrer.  See id. (conclusory allegation that plaintiff’s claim barred by laches, where that equitable defense did not apply to plaintiff’s claim, subject to demurrer); see also Quantification Settlement Agreement Cases (2011) 201 Cal.App.4th 758, 812–13.

Pitet’s demurrer to defendants’ first (failure to state a cause of action) and second (statute of limitations) affirmative defenses is overruled.  These affirmative defenses do not require pleading supporting facts.  See Cal. Civ. Proc. Code § 430.80(b) (“If the party against whom an answer has been filed fails to demur thereto, that party is deemed to have waived the objection unless it is an objection that the answer does not state facts sufficient to constitute a defense.”) (emphasis added); id. § 458 (not necessary to state facts showing statute of limitations defense).

Defendants’ third through fourteenth affirmative defenses consist only of legal conclusions.  Moreover, it is not clear that some of the affirmative defenses defendants allege apply to the causes of action Pitet alleges or are affirmative defenses at all.  Pitet’s demurrer to defendants’ third through fourteenth affirmative defenses is sustained with leave to amend.

Defendants Robert A. Morin and Morin Private Client Group, LLC shall serve and file an amended answer by August 15, 2022.

Pitet to give notice.