23CV01083
DOE v. ENCOMPASS COMMUNITY SERVICES, et al.
DEFENDANT ENCOMPASS’S DEMURRER, MOTION TO STRIKE
The demurrer is sustained with leave to amend.
Where the complaint prevents a party from reasonably determining what issues must be
admitted or denied, or what counts are alleged against it, a demurrer for uncertainty can be
sustained. Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2023) §§7:84-7:86.1.
Where several claims are joined each should be captioned to properly identify the nature of the
claim and parties affected. Ibid. Where the complaint is so confusing, a defendant cannot tell
what it must answer for, then a demurrer may be appropriate. Ibid., citing Williams v. Beechnut
Nutrition Corp. (1986) 185 Cal.App.3d 135, 139, fn. 2; see also CCP §430.10(f).
The FAC is 75 pages (304 paragraphs) primarily describing an alleged sexual battery of
her by Defendant Jon Jones, her housemate in the Monarch Housing Project, an affordable
housing