RAYMOND VINCENT DIGIACOMO JR. VS. HEALTHRIGHT 360 ET AL

Set for Law and Motion/Discovery Calendar on Tuesday, December 09, 2025, Line 1. 3 - PLAINTIFF RAYMOND DIGIACOMO DEMURRER to Amended ANSWER to Amended COMPLAINT.

Plaintiff's demurrer to defenses 2, 3, 4, 13, 15, 17, 19, 26, 27, 28, 29, 30 in the amended answer is sustained with 20 days leave to amend. The demurrer is timely since plaintiff provided the CIV-141 judicial council form that requested an extension of time to respond to meet and confer. (DiGiacomo Decl., Ex. 10; CCP 430.41(a)(2).) In addition, the court has entertained defendant's untimely filings.

Defendant merely alleges terse conclusions of law-not ultimate facts-to support these defenses and some of them are also unnecessary placeholder defenses. (FPI Devel., Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384 [defenses must be "averred as carefully and with as much detail as the facts which constitute the cause of action and are alleged in the complaint."]; Quantification Settlement Agreement Cases (2011) 201 Cal.App.4th 758, 813 [same].) This demurrer does little to move this case forward, but plaintiff correctly notes that the adduced defenses are not alleged in compliance with FPI. Defendant has leave to file a second amended answer that pleads ultimate facts to support the defenses.

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