Judge: Thomas Falls, Case: 22PSCV00588, Date: 2022-08-17 Tentative Ruling

Case Number: 22PSCV00588    Hearing Date: August 17, 2022    Dept: R

Charles Yang v. Trevor Lords (22PSCV00588)

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Defendant Trevor Lord’s DEMURRER TO PURPORTED COMPLAINT ENTITLED, "I NEED GO TO WORK"

 

            Responding Party: Unopposed

 

Tentative Ruling

 

Defendant Trevor Lord’s DEMURRER TO PURPORTED COMPLAINT ENTITLED, "I NEED GO TO WORK" is SUSTAINED with leave to amend.

 

Discussion

Defendant argues the demurrer is uncertain. (Code Civ. Proc., § 430.10, subds. (f).)

Here, the complaint is incoherent as it makes references to a “fired car,” “a nice car,” “receiving physical therapy treatment,” and other statements. The court is not only uncertain as to whether these statements amount to allegations, but also whether such statements would amount to a breach of contract. For the latter reason, the complaint also fails to set forth facts sufficient to state a cause of action against Defendant. (Civ. Proc. Code § 430.10 (e).)

 

Conclusion

Therefore, the demurrer is sustained with 60 days leave to amend.