Judge: Michael Small, Case: 23STCV30658, Date: 2024-05-07 Tentative Ruling

Case Number: 23STCV30658    Hearing Date: May 7, 2024    Dept: 57

Defendants’ demurrer to Plaintiff’s complaint in this tenant’s rights action is sustained with leave to amend as to every cause of action in the complaint. 

Plaintiff asserts that she was a tenant of Defendants.  But Plaintiff also says that there was no formal lease agreement between herself and the Defendants.  From there, she says the absence of a formal lease agreement “raises concerns about the rights and responsibilities of both parties.”  That does indeed raise concerns.  But the concerns are not helpful to the Plaintiff.  Rather, they support Defendants’ contention that the complaint is simply too uncertain to survive their demurrer.  Plaintiff makes no allegations in the complaint regarding her monthly rental obligations.  Nor does she allege what specific conditions of the premises in which she resides were allegedly dangerous, substandard, or defective and when those conditions started.   All told, the vagueness and uncertainty of the complaint’s allegations are so pervasive that they render each cause of action in the complaint subject to the demurrer.  Because it is reasonably possible that Plaintiff can cure the pleading defects, the Court is sustaining the demurer with leave to amend.  Plaintiff shall file and serve an amended complaint by May 28, 2024.

The Court’s ruling on Defendants’ demurrer renders moot heir separate motion to strike, which is denied without prejudice.