Judge: Stephen I. Goorvitch, Case: 23STCV12572, Date: 2023-10-30 Tentative Ruling
Case Number: 23STCV12572 Hearing Date: October 30, 2023 Dept: 39
Amir Edwards v.
Renee Allen, et al.
Case No.
23STCV12572
Demurrer
The Court
posts this tentative order in advance of the hearing on October 30, 2023, at
8:30 a.m. The Court provides notice: If
Plaintiff does not appear, either remotely or in-person, he shall waive the
right to be heard and shall submit to entry of this order on the pending
motion. If Plaintiff would like to
appear remotely but is experiencing difficulty, he may contact the Court’s
clerk, Roberto Mendoza, at (213) 633-0159 for assistance.
Plaintiff
Amir Edwards (“Plaintiff”), a self-represented party, filed this action against
Renee Allen (“Allen”) and Wells Fargo Bank, N.A. (“Wells Fargo”), asserting
causes of action for breach of contract, negligence, fraud, and common counts. The factual allegations are unintelligible
within the meaning of Code of Civil Procedure section 430.10(f). Plaintiff references a transaction between a
“buyer” and a “seller,” but it is unclear how he has standing to assert any
claims, i.e., whether he was the buyer or seller in some transaction. Nor do the factual allegations make clear how
Plaintiff was damaged. At heart, the
factual allegations are incomprehensible and do not clearly support the causes
of action. Therefore, the Court orders
as follows:
1. The Court sustains the demurrer with
leave to amend.
2. Plaintiff shall file an amended
complaint within thirty (30) days. If
Plaintiff fails to do so, absent good cause, the Court will dismiss this case
without prejudice.
3. The Court continues the case management
conference to January 31, 2024, at 8:30 a.m.
4. The Court orders Plaintiff to serve
Renee Allen and file the proof of service forthwith. The Court continues the Order to Show Cause
re: Dismissal for lack of service to January 31, 2024, at 8:30 a.m.
5. Counsel for Wells Fargo Bank shall
provide notice and file proof of such with the Court.