TENTATIVE RULING

Judge J. William McLafferty
Department 5 SB-Anacapa
1100 Anacapa Street
P.O. Box 21107 
Santa Barbara, CA  93121-1107

CIVIL LAW & MOTION

Nature of Proceedings: Demurrer

The court sustains defendant Regents of the University of California’s demurrer with 
leave to amend on or before December 3, 2009.

A complaint shall contain: “A statement of the facts constituting the cause of action, 
in ordinary and concise language.” CCP § 425.10(a)(1). The Second Amended 
Complaint contains no facts whatsoever. Nor does plaintiff identify any cause of 
action in the Second Amended Complaint  For purposes of determining the effect of 
a complaint, “its allegations must be liberally construed with a view to substantial 
justice between the parties. CCP § 452. However, “the essence is fairness in 
pleading in order to give the defendant sufficient notice of the cause of action stated 
against him so that he will be able to prepare his case….” People ex rel. Dept. of 
Transportation v. Superior Court (1992) 5 Cal.App.4th 1480, 1485 [citation omitted].

Plaintiff filed an original complaint and various amendments thereto. The original 
complaint identified only a common count for open book account. His factual 
allegations suggest, but do not necessarily state, a cause of action for wrongful 
termination. Plaintiff has not incorporated the original complaint or any of the prior 
amendments into the Second Amended Complaint. (The court is not suggesting that 
the original complaint alleged facts sufficient to state a cause of action such that 
incorporation would help the Second Amended Complaint.) The Second Amended 
Complaint  is the only complaint served on defendant. An amended complaint must 
stand or fall on its own and this Second Amended Complaint  contains no allegations 
of facts sufficient to constitute a cause of action. The court will sustain the demurrer 
with leave to amend.