TENTATIVE RULING
Defendants Allison Campbell and Brian Pyke's unopposed demurrer to the first amended complaint is SUSTAINED WITH LEAVE TO AMEND.
"A complaint must contain a statement of the facts constituting the cause of action, in ordinary and concise language. This requirement obligates the plaintiff to allege ultimate facts that, taken as a whole, apprise the defendant of the factual basis of the claim." (Scholes v. Lambirth Trucking Co. (2017) 10 Cal.App.5th 590, 598.) This is a low burden, but when it is "impossible to even infer the nature of any dispute," a demurrer should be sustained. (See ibid; accord Davaloo v. State Farm Ins. Co. (2005) 135 Cal.App.4th 409, 415 [complaint was "so devoid of factual allegations" that it was "the functional equivalent of no complaint at all"].)
Here, other than checking the box for "breach of contract" and praying for $45,000, the complaint gives absolutely no indication about the nature of the dispute. A breach of contract cause of actio
Hearing Date
September 02, 2021
Category
Civil - Unlimited
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TENTATIVE RULING
Defendants Allison Campbell and Brian Pyke's unopposed demurrer to the first amended complaint is SUSTAINED WITH LEAVE TO AMEND.
"A complaint must contain a statement of the facts constituting the cause of action, in ordinary and concise language. This requirement obligates the plaintiff to allege ultimate facts that, taken as a whole, apprise the defendant of the factual basis of the claim." (Scholes v. Lambirth Trucking Co. (2017) 10 Cal.App.5th 590, 598.) This is a low burden, but when it is "impossible to even infer the nature of any dispute," a demurrer should be sustained. (See ibid; accord Davaloo v. State Farm Ins. Co. (2005) 135 Cal.App.4th 409, 415 [complaint was "so devoid of factual allegations" that it was "the functional equivalent of no complaint at all"].)
Here, other than checking the box for "breach of contract" and praying for $45,000, the complaint gives absolutely no indication about the nature of the dispute. A breach of contract cause of actio