Judge: Michael J. Strickroth, Case: 2022-01246268, Date: 2022-07-25 Tentative Ruling


Demurrer to Complaint


Defendant Social Services Agency’s (Defendant) Demurrer to Plaintiff’s Complaint is SUSTAINED with twenty (20) days leave to amend.


Defendant Social Services Agency (Defendant) demurs to the Complaint filed by Plaintiff Shawna McCallister (Plaintiff) on the following grounds: (1) the Complaint does not state facts sufficient to state a cause of action; (2) the Complaint is uncertain, ambiguous, and unintelligible; (3) the Complaint fails to meet minimum pleading requirements in Code of Civil Procedure section 425.10 and California Rules of Court, Rule 2.111 and 2.112 because it does not separately state or label the claims against Defendant; (4) this court lacks jurisdiction to hear matters involving Plaintiff’s minor child who is under the jurisdiction of Orange County Juvenile Court.


On July 13, 2022, Plaintiff filed a “Response and Answer Opposition to Demurrer.” (the “Response”) The court has reviewed Plaintiff’s Response. Plaintiff appears to argue the merits of her case in the Response. However, the Response does not appear to respond to Defendant’s demurrer or address why Plaintiff’s Complaint should be deemed sufficiently pled.


Pursuant to Code of Civil Procedure section 430.10(f), a party against whom a Complaint has been filed may object by demurrer when the pleading is uncertain.  “Uncertain” includes ambiguous or unintelligible. (Id.) Additionally, pursuant to Code of Civil Procedure section 425.10(a)(1), a Complaint shall include “a statement of the facts constituting the cause of action, in ordinary and concise language.”


Notably, “[a] demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.” Khoury v. Maly’s of California, Inc. (1993) 14 Cal.App.4th 612, 616.  Additionally, “[d]emurrers for uncertainty are disfavored, and are granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond.” A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695. “[U]nder our liberal pleading rules, where the complaint contains substantive factual allegations sufficiently apprising defendant of the issues it is being asked to meet, a demurrer for uncertainty should be overruled or plaintiff given leave to amend.” (Id.).


The court finds Plaintiff’s Complaint is incomprehensible such that Defendant cannot reasonably respond. Plaintiff’s Complaint consists of confusing, convoluted and unclear statements which are insufficient to state any causes of action against Defendant. For example, pages 10-20 of Plaintiff’s Complaint are entirely illegible. As an additional example, pages 22-23 of Plaintiff’s Complaint appear to describe Plaintiff’s grievances against various individuals, but it also fails to state a cause of action against any of these individuals.


Therefore, Defendant’s demurrer to the Complaint is sustained with twenty (20) days leave to amend.


Demurring party defendant to give notice.



Case Management Conference


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