Defendants Puffy Delivery, Inc., Puffy Inc., and Monex Place Wellness, Inc.'s Joint Demurrer to Plaintiffs Nicholas Siano and Jayms Henson's First Amended Complaint Defendants Puffy Delivery, Inc., Puffy Inc. and Monex Place Wellness, Inc.’s (collectively, “Named Defendants”) demurrer to the first amended complaint (FAC) of Plaintiffs Nicholas Siano and Jayms Henson is SUSTAINED WITH LEAVE TO AMEND as set forth below. Plaintiffs are to file and serve a second amended complaint by January 6, 2020. Named Defendants demur to each cause of action in the FAC on the grounds of uncertainty. “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 v. Maly’s of California, Inc. (1993) 14 Cal.App.4th 612, 616.) As a result, “Where a demurrer is made upon this ground, it must distinctly specify exactly how or why the pleading is uncertain, and where such uncertainty app
Hearing Date
December 20, 2019
For full print and download access, please subscribe at https://www.trellis.law/.
Defendants Puffy Delivery, Inc., Puffy Inc., and Monex Place Wellness, Inc.'s Joint Demurrer to Plaintiffs Nicholas Siano and Jayms Henson's First Amended Complaint Defendants Puffy Delivery, Inc., Puffy Inc. and Monex Place Wellness, Inc.’s (collectively, “Named Defendants”) demurrer to the first amended complaint (FAC) of Plaintiffs Nicholas Siano and Jayms Henson is SUSTAINED WITH LEAVE TO AMEND as set forth below. Plaintiffs are to file and serve a second amended complaint by January 6, 2020. Named Defendants demur to each cause of action in the FAC on the grounds of uncertainty. “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 v. Maly’s of California, Inc. (1993) 14 Cal.App.4th 612, 616.) As a result, “Where a demurrer is made upon this ground, it must distinctly specify exactly how or why the pleading is uncertain, and where such uncertainty app