Motion to Set Aside Default & Default Judgment
petition sufficiently apprises Respondent of the nature of the claims asserted. F. Uncertainty The Court notes that Respondent listed Code of Civil Procedure Sec. 430.10(e), failure to state sufficient facts, as the sole ground for demurrer. However, to the extent Respondent's motion may be construed as arguing uncertainty, the Court finds no basis for upholding that position. A demurrer for uncertainty is strictly construed and should be sustained only where a pleading is so unintelligible that a defendant cannot reasonably respond. (See Khoury v.
Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 615.) The record demonstrates that Respondent was able to respond in detail to the petition, filing a verified objection admitting or denying virtually every substantive allegation and asserting numerous affirmative defenses. The petition therefore cannot reasonably be characterized as unintelligible or incapable of response.
Conclusion
As Respondent has already filed substantive objections, if he wishes to amend his response, he is required to do so by stipulation or by way of a motion for leave to amend. The following are the tentative rulings for cases calendared before Judge Clifford Tong in Department 23: ***There are no tentative rulings in Department 23*** The following are the tentative rulings for cases calendared before Judge David Hood in Department 24: ***There are no tentative rulings in Department 24*** The following is the tentative ruling for a case calendared before Commissioner Jared D. Beeson in Department 19 located at the Turlock Division at 300 Starr Avenue, Turlock, CA: UD- 26-000413 - BANSAL, JANAK vs GARCIA, JOE R - Motion to Set Aside Default & Default Judgment - HEARING REQUIRED.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”