23CV02547
KOSEY v. ENCOMPASS COMMUNITY SERVICES, et al.
(UNOPPOSED) DEFENDANTS’ DEMURRER, MOTION TO STRIKE
The demurrer is sustained without 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 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 Complaint appears to be nearly identical to the deficient complaint in 23CV01083
(which Plaintiff voluntarily dismissed on 10/27/23 instead of amending, following success