Judge: Steven J. Kleifield, Case: 22STCV02807, Date: 2023-03-02 Tentative Ruling

Case Number: 22STCV02807    Hearing Date: March 2, 2023    Dept: 57

Defendant's demurrer to Plaintiff's amended complaint for breach of contract is sustained.  Plaintiff's amended complaint suffers from the same defects as the initial complaint, which was the subject of a previous, successful demurrer filed by the Defendant.  Specifically, for one, the amended complaint fails to state sufficient facts to constitute a cause of action for breach of contract.  The problem is that the amended complaint does not identify the contractual terms that Defendant purportedly breached.  Second, the amended complaint is ambiguous and unintelligible, thus rendering the pleading so uncertain that Defendant cannot reasonably respond to it.  As the Court did in connection with the demurrer to the initial complaint, the Court is again giving Plaintiff leave to amend the complaint because it appears reasonably possible that the Plaintiff could cure the defects identified herein.  The second amended complaint must be filed within 21 days of this ruling.   

Defendant's motion to strike is denied as moot in light of the Court's ruling on the demurrer.

The Court instructs Defendant's counsel to give notice.