Defendant Patricia Sica’s Demurrer to the First Amended Complaint; Defendant’s Motion to Strike Portions of the FAC
2026CUDF060930: GEMMA MARSHALL, et al. vs MARY FORBES, et al. 06/10/2026 in Department 20 DEMURRER TO FIRST AMENDED COMPLAINT
MOTION TO STRIKE PORTIONS OF PLAINTIFFS FIRST AMENDED COMPLAINT
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Motions:
1. Defendant Patricia Sicas (Defendant) Demurrer to the First Amended Complaint (FAC)
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2. Defendants Motion to Strike Portions of the FAC
2026CUDF060930: GEMMA MARSHALL, et al. vs MARY FORBES, et al.
Tentative:
1. Defendants Demurrer to the fifth cause of action of the FAC made on grounds of uncertainty and failure to state a cause of action is OVERRULED. Demurrers on the ground of uncertainty are disfavored and should only be sustained in the event the complaint is so vaguely and deficiently pleaded that the demurring defendant reasonably cannot intelligently respond to the complaint. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) In light of the attachments to the FAC, the fifth cause of action is not so unintelligible as to prevent a reasonable response.
A judge may consider exhibits in ruling on a demurrer. (Richtek USA, Inc. v. uPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 658.) Plaintiff alleges that Defendant made an unprivileged and false statement constituting slander per se to third parties for the sole and exclusive purpose of defaming Plaintiff and ruining her reputation, to wit, that Plaintiff embezzled money from the Jean Allison Trust. This is sufficient to plead a cause of action for slander per se as defined by Civil Code section 46, subdivision (1).
2. Defendants Motion to Strike Portions of Plaintiffs FAC is DENIED. Plaintiff alleges that the statements made by Defendant were false and made for the sole and exclusive purpose of defaming Plaintiff and ruining her reputation. A reasonable trier of fact could find this was despicable and malicious conduct. The allegations are sufficient to support the prayer for punitive damages within the meaning of Civil Code section 3294.
Defendant Patricia Sica shall file her Answer to the FAC on or before June 30, 2026, unless Plaintiff files a Second Amended Complaint on or before June 21, 2026, in which case Defendant Patricia Sica shall file her Answer to the SAC pursuant to code.
Plaintiff shall provide notice.
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