Judge: Olivia Rosales, Case: 21NWCV00512, Date: 2022-12-20 Tentative Ruling

Case Number: 21NWCV00512    Hearing Date: December 20, 2022    Dept: SEC

CITIBANK N.A. v. AVETISIAN

CASE NO.:  21NWCV00512

HEARING:  12/20/22 @ 9:30 AM

JUDGE:  OLIVIA ROSALES

#2

TENTATIVE RULING

Cross-Defendants Wate, Tang, DeRosa, and Suttell & Hammer, APC’s unopposed demurrer is SUSTAINED.  As there is no opposition, the court will hear from Cross-Complainant regarding any grounds warranting leave to amend.

Moving Parties to give NOTICE.

Cross-Defendants Wate, Tang, DeRosa, and Suttell & Hammer, APC demurs to cross-complaint on the grounds that it fails to state facts sufficient to constitute a cause of action and is uncertain.

UNCERTAINTY

“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.) A demurrer for uncertainty will be sustained only where the complaint is so bad that a defendant cannot reasonably respond. (Ibid.)

The court finds the cross-complaint is ambiguous and uncertain.  The Cross-Complaint cites Federal law regarding a pre-filing investigation.  However, this is a state court action.

GENERAL DEMURRER

Further, the cross-complaint does not allege any valid causes of action against demurring Defendants, and fails to allege any facts to support the cross-complaint.

Accordingly, the demurrer is SUSTAINED.  As there is no opposition, the court will hear from Cross-Complainant regarding any grounds warranting leave to amend.