Judge: Nick A. Dourbetas, Case: 2021-01193700, Date: 2022-11-04 Tentative Ruling

1. Demurrer to Amended Complaint
2. Motion to Strike Portions Of Complaint

Motion No. 1:

Defendants Natural Touch, Inc.’s, Todd Busser’s, and Casandra Ann Busser’s Demurrer to Plaintiff’s First Amended Complaint (“FAC”) is SUSTAINED. (See Code Civ. Proc. § 430.10, subd. (e).)

The demurrer on the grounds of uncertainty is OVERRULED on the grounds that the FAC is not so poorly drafted that defendants cannot reasonably respond. (See Khoury v. Maly’s of California Inc. (1993) 14 Cal.App.4th 612, 616.)

The demurrer to the Third Cause of Action is SUSTAINED with leave to amend on the grounds that it fails to allege facts for the elements of this cause of action with the required level of specificity. (See Scafidi v. Western Loan & Bldg. Co. (1946) 72 Cal.App.2d 550, 557.)

Motion No. 2:

Defendants Natural Touch, Inc.’s, Todd Busser’s, and Casandra Ann Busser’s Motion to Strike is DENIED. (See Code Civ. Proc. §§ 435 and 436.)

The motion to strike punitive damages allegations from the FAC is DENIED AS MOOT, based upon the court’s demurrer ruling.

The motion to strike the entire FAC is DENIED as facts showing that the FAC was not timely filed do not appear on the face of the FAC and are not the subject of a successful request for judicial notice. (See Code Civ. Proc. § 437.)

Plaintiffs to file an amended complaint, if any, within 15 days.

Defendants are ordered to give notice.