LAW OFFICES OF LOWE SHARKNETTE & ASSOC.
1913 Banker Lane, Suite 4201
Anywhere, CA  99999
Attorney for Defendant










                  SUPERIOR COURT OF CALIFORNIA

                       COUNTY OF CALAMITY



William Jones                   ) CASE NO.  ________
                                )
    Plaintiff,                  ) Demurrer of Defendant,
                                ) Robert Smith, father of
v.                              ) Mary Smith, A Minor to
                                ) Plaintiff's Complaint;
ROBERT SMITH, father of         ) Memorandum of Points
MARY SMITH, a minor             ) and Authority's
and STATE OF CALIFORNIA         ) 
                                ) DATE:  February 18, 1999
     Defendants.                ) TIME:  8:30 a.m.
                                ) DEPT:  666
                                ) 
________________________________)_____________________________________________
                                 
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on February 18, 1999, at 8:30 a.m., or as soon thereafter as the matter may be heard in department 666 of the above entitled court, located at 1313 Bastille St., Megalopolis, CA., the court will hear the demurrer of Defendant, Robert Smith, father of Mary Smith, a minor to plaintiff’s complaint.

Defendant, Robert Smith, father of Mary Smith, a minor, demurs to the following complaint of Plaintiff, William Jones, as follows:

1. The complaint fails to state facts sufficient to constitute a cause of action against Defendant, Robert Smith, father of Mary Smith, a minor.

2. The complaint is uncertain, ambiguous and unintelligible.

MEMORANDUM OF POINTS AND AUTHORITIES

I.

OBJECTION TO A PLEADING MAY BE TAKEN BY DEMURRER

IF DEFECTS APPEAR ON THE FACE OF THE PLEADING

Code of Civil Procedure Section 430.10 states in pertinent part:

"The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds:

(e) "The pleading does not state facts sufficient to constitute a cause of action."

The complaint clearly fails to state facts sufficient to constitute a cause of action against defendant, Robert Smith, father of Mary Smith, a minor, for trespass. The essence of a cause of action for trespass is an unauthorized or wrongful entry or intrusion onto land owned or occupied by another that disrupts the other’s right to exclusive possession of the land. Civic Western Corp. V Zila Industries, INC. (1977, 2nd Dist.) 66 Cal App. 3d 1, 135 Cal Rptr 915. Clearly plaintiff’s complaint fails to state facts supporting such cause of action.

II.

PLAINTIFF’S COMPLAINT IS UNCERTAIN,

AMBIGUOUS AND UNINTELLIGIBLE

Code of Civil Procedure Section 430.10 states in pertinent part:

"Plaintiffs’ complaint is uncertain, ambiguous and unintelligible."

(f) "The pleading is uncertain. As used in this subdivision, uncertain includes ambiguous and unintelligible."

The complaint of William Jones is uncertain, ambiguous and unintelligible.

III.

AN ATTORNEY IS REQUIRED TO PROVIDE THE COURT AND

COUNSEL WITH A STREET ADDRESS AT WHICH HE MAY BE SERVED

California Rule of Court 201(e) provides that an attorney must provide, with respect to any pleading, "the name, office address, or if none, the residence address, and telephone number, and State Bar membership number of the attorney for the party.

The failure of Mr. Jones to provide his street address, or if he had none, his residence address is a blatant violation of Rule 201 (e)

CONCLUSION

Defendant, Robert Smith, father of Mary Smith, a minor, requests that the court sustain his demur without leave to amend.

DATED: January 5, 1999

LAW OFFICES OF LOWE SHARKNETTE & ASSOC.
Attorney for Defendant
ROBERT SMITH, father of
MARY SMITH, a minor



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