Judge: Nick A. Dourbetas, Case: 2022-01278541, Date: 2023-05-19 Tentative Ruling

Demurrer to Amended Complaint

Defendants Conam Management Corporation and Tenicia Mapp’s demurrer to first amended complaint is SUSTAINED in its entirety on the ground of uncertainty. (Code Civ. Proc., § 430.10, subd. (f).)

Plaintiff Kenneth O. Annan is granted 14 days leave to file a second amended complaint.

To withstand demurrer, “the [operative] complaint [must] allege[] facts sufficient to establish every element of each cause of action” it seeks to assert. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43.) Here, the first amended complaint is devoid of any factual allegations, and the basis for liability is entirety uncertain. It attaches only a single Judicial Council pleading form for breach of contract (FAC at p. 3), which merely restates the case name and number, and is otherwise blank.

The court notes plaintiff has filed an egregiously late opposition, with no proof of service. Any opposition should have been served and filed by no later than Monday 5/8/23. (See Code Civ. Proc., § 1005, subd. (b) [briefing deadlines].)

While defendants’ substantive reply may excuse these defects in this particular instance, this will not always be the case. Self-represented litigants are held to the same standard as attorneys, including the same restrictive rules of procedure, and plaintiff should not expect that his self-represented status will excuse his late filings. (See First American Title Co. v. Mirzaian (2003) 108 Cal.App.4th 956, 958, fn. 1 [“A party proceeding in propria persona ‘is to be treated like any other party and is entitled to the same, but no greater consideration than other litigants and attorneys.’ [Citation.] Indeed, ‘ “the in propria persona litigant is held to the same restrictive rules of procedure as an attorney.” ’ ”].)   

** CMC continued to 11/20/23 at 9:00 a.m. **

Defendants shall give notice.