Judge: William A. Crowfoot, Case: 24NNCV01982, Date: 2024-12-17 Tentative Ruling


Case Number: 24NNCV01982    Hearing Date: December 17, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

TYRONE MURPHY,

                    Plaintiff(s),

          vs.

 

L.A. FAMILY HOUSEING,

 

                    Defendant(s).

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     CASE NO.:  24NNCV01982

 

[TENTATIVE] ORDER RE: DEFENDANT’S DEMURRER TO PLAINTIFF’S COMPLAINT

 

Dept. 3

8:30 a.m.

December 17, 2024, 2024

 

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I.            INTRODUCTION

On June 3, 2024, plaintiff Tyrone Murphy filed this action against defendant L.A. Family Housing (sued as “L.A. Family Houseing”). On August 1, 2024, Defendant filed a demurrer to Plaintiff’s complaint pursuant to Code of Civil Procedure sections 4310.10(e) and (f).

On September 16, November 15, and December 4, 2024, Plaintiff filed several handwritten unnamed documents

II.          LEGAL STANDARD

A demurrer is a pleading used to test the legal sufficiency of the complaint. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer may only be based on defects that appear on the face of the pleading or matters that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318. It is not the function of a demurrer to challenge the truthfulness of the complaint; and for purposes of the ruling on a demurrer, all facts pleaded in the complaint are assumed to be true however improbable they may be. (Serrano v. Priest (1971) 5 Cal.3d 584, 591; Hacker v. Homeward Residential, Inc. (2018) 26 Cal.App.5th 270, 280.)         

III.        DISCUSSION

Here, Plaintiff used a form complaint from the Judicial Council that appears to be designed for use in contract actions. Plaintiff’s complaint also includes one and a half pages of handwritten allegations. However, Plaintiff does not attach a form for a cause of action. A form complaint such as the one used by Plaintiff must include a form cause of action. Item 8 on the second page of Plaintiff’s complaint makes this clear by stating that “each complaint must have one or more causes of action attached.” The pleading forms for some of the different causes of action available in a civil lawsuit can be found under the topic “Pleading” on the Judicial Council’s website at: https://courts.ca.gov/forms-rules/find-your-court-forms.

The Court additionally notes that Plaintiff’s handwritten allegations do not state enough facts to constitute a cause of action. If Plaintiff is trying to allege a breach of contract, Plaintiff does not identify any contract that he entered into with Defendant, when that contract was formed, or how Defendant breached the contract. If Plaintiff intends to assert a personal injury claim, Plaintiff does not explain how Defendant is responsible for his injuries. Plaintiff generally alleges that his body has been damaged and that he has much difficulty walking. He also states that he can call many witnesses and seeks $1,045,000 in damages.

The Court acknowledges that Plaintiff filed additional handwritten documents to the Court on August 19, September 16, November 15, and December 4, 2024. However, none of these documents explain Defendant’s involvement with Plaintiff’s alleged injuries other than to say that Plaintiff did not have any problem walking before. Plaintiff does not provide the address of the property where he is claiming these injuries took place. He does not identify when he stayed at this place or what wrongdoing Defendant allegedly committed, only that he has lived there for about 90 to 120 days. There are not enough facts to tell Defendant what the lawsuit is about and why Defendant is legally responsible.

IV.        CONCLUSION

Defendant’s demurrer is SUSTAINED and Plaintiff is given permission to amend his complaint. An amended complaint must be filed within 20 days of the date of this hearing.

Dated this 17th day of December, 2024

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.