Judge: Robert B. Broadbelt, Case: 23STCV19949, Date: 2023-10-26 Tentative Ruling

Case Number: 23STCV19949    Hearing Date: October 26, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Defendant Sean Vallin (erroneously sued as Sean Villin)

RESPONDING PARTY:       Unopposed

Demurrer to Complaint

The court considered the moving papers filed in connection with this demurrer.  No opposition papers were filed.

DISCUSSION

Plaintiff Phillip Chatman (“Plaintiff”) filed this action on August 21, 2023, against defendant Sean Vallin (erroneously sued as Sean Villin) (“Defendant”), alleging a claim for “Landlord [Tenants] Harassment by Guest.”

Defendant now moves the court for an order sustaining his demurrer to the Complaint.[1]

The court sustains Defendant’s demurrer to Plaintiff’s Complaint on the ground of uncertainty because the Complaint is ambiguous and unintelligible.  (Code Civ. Proc., § 430.10, subd. (f).)

The court sustains Defendant’s demurrer to Plaintiff’s Complaint on the ground that it does not state facts sufficient to constitute a cause of action because Plaintiff has not alleged    (1) a valid cause of action against Defendant, or (2) facts that are sufficient to constitute a cause of action against Defendant.  (Code Civ. Proc., § 430.10, subd. (e).) 

ORDER

            The court sustains defendant Sean Vallin’s demurrer to plaintiff Phillip Chatman’s Complaint.

            The court grants plaintiff Phillip Chatman 20 days leave to file a First Amended Complaint that cures the defects set forth above.

            The court orders defendant Sean Vallin to give notice of this ruling.

IT IS SO ORDERED.

DATED:  October 26, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court