Judge: Robert C. Longstreth, Case: 37-2017-00000063-CU-CR-CTL, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 29, 2024

03/01/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  Civil Rights Demurrer / Motion to Strike 37-2017-00000063-CU-CR-CTL ERIC ROBINSON VS. BANK OF AMERICA 450 B ST [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 01/02/2024

Defendant Disney Media & Entertainment Distribution LLC's ('DMED's') Demurrer to Plaintiff's Eighth Amended Complaint (ROA 306) is SUSTAINED without leave to amend.

Plaintiff's action has been pending since 2017 and has now amended his pleading eight times attempting to plead any cause of action against any defendant. However, Plaintiff's Eighth Amended Complaint fails to plead facts sufficient to constitute a cause of action and remains fatally uncertain. The Court sustains DMED's demurrer on these grounds. (Code Civ. Proc. § 430.10(e), (f).) Plaintiff did not file a memorandum of points and authorities in opposition to DMED's demurrer, although he did file a 'Responsive Declaration.' The Responsive Declaration identifies the wrong hearing date, but the court presumes it was intended to 'respond' to DMED's demurrer because it refers to DMED's counsel, Attorney Matthew Honig.

In his declaration, Plaintiff requests leave to file a Ninth Amended Complaint. (Robinson Decl. at ¶ 5.) However, the declaration does not contain an offer of proof or otherwise state how Plaintiff might amend his pleading to cure the defects. The court therefore denies leave to amend.

Defendant Disney Media & Entertainment Distribution LLC is to submit a proposed Judgment within ten (10) days.

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