COACHILLIN HOLDINGS LLC
Hearing re: Demurrer on Cross-
PSC2002887
vs PAC-VAN INC
Complaint of PAC-VAN INC
Tentative Ruling:
Sustain with 20 days leave to amend as to the 2d (conversion), 3d (fraud), 4th
(injunction), and 5th (declaratory relief) causes of action.
To
withstand
a
demurrer
the
complaint
must
contain
“a
statement
of the
facts
constituting
the
cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.)
“[T]he complaint
need
only
allege
facts
sufficient
to state
a
cause
of action,
each
evidentiary
fact that
might
eventually form
part of the plaintiff’s proof need not
be alleged.” (C.A. v. William
S.
Hart Union
High
School
Dist.
(2012)
53
Cal.4th
861,
872.)
Generally,
a
plaintiff need
only
plead
facts
necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City
of Los Angeles (2007) 42 Cal.4th 531, 549-550.) A demurrer on the ground of uncertainty will only
be sustained where a defendant cannot reasonably determine w