Tentative ruling on Oct. 17, 2023 in Santa Cruz County, CA - Case no: xxxxx083

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 Hous….....