Defendant Haynes Family of Programs, Inc.’s demurrer to plaintiffs John Doe, by and through his Guardian ad litem Jane Doe and Jane Doe’s first amended complaint is OVERRULED. The motion to strike punitive damages is GRANTED with 10 days leave to amend, and otherwise DENIED as to the remaining grounds.
Defendant Haynes Family of Programs, Inc. (“defendant”) demurs to all causes of action on the grounds that they fail to state facts sufficient and are uncertain.
UNCERTAINTY
Demurrer on grounds of uncertainty will not be sustained unless the complaint is so bad that the defendant cannot reasonably respond. (Koury v. Maly’s of California (1993) 14 Cal.App.4th 612, 616.)
The Court finds the First Amended Complaint (“FAC”) is not so uncertain that defendant cannot reasonably respond. Demurrer is OVERRULED.
1st – 4th CAUSES OF ACTION
NEGLIGENCE, NEGLIGENT SUPERVISION, NEGLIGENT HIRING AND/OR RETENTION, and NEGLIGENT FAILURE TO WARN TRAIN OR EDUCATE: In order to prevail in a negligence
Hearing Date
March 06, 2019
Type
Other PI/PD/WD (General Jurisdiction)
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Defendant Haynes Family of Programs, Inc.’s demurrer to plaintiffs John Doe, by and through his Guardian ad litem Jane Doe and Jane Doe’s first amended complaint is OVERRULED. The motion to strike punitive damages is GRANTED with 10 days leave to amend, and otherwise DENIED as to the remaining grounds.
Defendant Haynes Family of Programs, Inc. (“defendant”) demurs to all causes of action on the grounds that they fail to state facts sufficient and are uncertain.
UNCERTAINTY
Demurrer on grounds of uncertainty will not be sustained unless the complaint is so bad that the defendant cannot reasonably respond. (Koury v. Maly’s of California (1993) 14 Cal.App.4th 612, 616.)
The Court finds the First Amended Complaint (“FAC”) is not so uncertain that defendant cannot reasonably respond. Demurrer is OVERRULED.
1st – 4th CAUSES OF ACTION
NEGLIGENCE, NEGLIGENT SUPERVISION, NEGLIGENT HIRING AND/OR RETENTION, and NEGLIGENT FAILURE TO WARN TRAIN OR EDUCATE: In order to prevail in a negligence