Judge: Melvin D. Sandvig, Case: 23CHCV00041, Date: 2023-05-22 Tentative Ruling

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Case Number: 23CHCV00041    Hearing Date: May 22, 2023    Dept: F47

Dept. F47

Date: 5/22/23

Case #23CHCV00041

DEMURRER TO THE (FIRST) AMENDED COMPLAINT

Demurrer filed on 3/14/23.

MOVING PARTY: Defendant Universal Music Group, Inc.

RESPONDING PARTY: Plaintiff Aric Cho

NOTICE: ok

Demurrer is to the entire Amended Complaint.

RULING: The demurrer is sustained without leave to amend.

In the Amended Complaint, Plaintiff Aric Cho (Plaintiff) complains about various music artists purportedly using his name in their work without permission which Plaintiff claims has caused him emotional distress and other damages.  Plaintiff requests $1,000,000 in damages, a job he can leave whenever, a car for transportation, and a personal artist to manage all of the music about his life, or a new contract between Plaintiff and Defendant Universal Music Group, Inc. (Defendant).

After meet and confer efforts failed to resolve the issues presented by this demurrer, on 3/14/23, Defendant filed and served the instant demurrer on the ground that the Amended Complaint fails to allege sufficient facts to constitute a cause of action.  CCP 430.10(e).  Plaintiff has opposed the demurrer and Defendant has filed a reply. 

Each cause of action in a complaint must be separately stated and must specifically state: (1) its number, (2) its nature, (3) the party asserting it if more than one party is represented on the pleading and (4) the party or parties against whom it is directed.  See CRC 2.112.  Here, the  Amended Complaint contains no identified cause of action.

Additionally, the Amended Complaint fails to allege sufficient facts to state a viable cause of action.  The opposition to the demurrer fails to give any indication that Plaintiff can cure the defects in the Amended Complaint.  As such, the Court is justified in sustaining the demurrer without leave to amend.  See Aubry (1992) 2 C4th 962, 966-967; Blank (1985) 39 C3d 311, 318; Goodman (1976) 18 C3d 335, 349.

Based on the foregoing, the demurrer is sustained without leave to amend.