6. DEFENDANTS BANI AUTO GROUP AND SIAVOSH BANIHASHEMI aka SIA BANI DEMURRER TO SECOND AMENDED COMPLAINT
TENTATIVE RULING:
A. Demurrer for Uncertainty
The demurrer for uncertainty is overruled. “A demurrer for uncertainty will be sustained where the complaint is so bad that the defendant cannot reasonably respond; i.e., she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against her. (Weil & Brown, Cal. Civ. Proc. Before Trial para. 7:85 (citing Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) “A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.” (Khoury, supra, at 616).
Defendants acknowledge that the second and fifth causes of action are claims of product defects and likely for strict liability. (Moving P&A at 5:1-6.) Defendants contend that the second cause of action also could allege