Case Number: BC673977 Hearing Date: March 21, 2018 Dept: 74

JUAN FRANCISCO BARRIOS,

Plaintiff,

vs.

THE COMMERCE CASINO HOTEL,

Defendant

Case No.: BC673977

[TENTATIVE] ORDER SUSTAINING DEMURRER WITH LEAVE TO AMEND

TENTATIVE RULING: Defendant California Commerce Club, Inc.’s demurrer to first amended complaint is SUSTAINED with 10 days leave to amend.

Demurrer

Uncertainty

CCP section 430.10(f) provides that a pleading is uncertain if it is ambiguous and unintelligible. (See Code Civ. Proc., § 430.10(f).) “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.) “A demurrer for uncertainty will be sustained only where the complaint is so bad that defendant cannot reasonably respond—i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him or her.” (Weil & Brown, Civil Procedure Before Trial (The Rutter Group) § 7:85 (emphasis in original).)

Plaintiff has failed to identify any cause of action or allege any facts showing how Defendant is liable for damages in the amount of $200,000.00. The FAC is thus uncertain.

Accordingly, Defendant’s demurrer to the FAC is sustained with leave to amend.