Laserfiche WebLink
1 to allege essential facts with such particularity and definiteness as to inform defendant of the <br />2 relationship of parties and nature of cause which would create his liability, and this rule is <br />3 particularly applicable with respect to facts peculiarly with knowledge of defendant.Miller v. <br />4 Pacific Constructor. Inc. (1945) 68 Cal.App.2d 529.) A complaint is good, as against special <br />5 demurrer, where it set forth essential facts of plaintiff's case with sufficient particularity and <br />6 precision to acquaint defendants with nature, source and extent of his cause of action; plaintiff need <br />7 not particularize matters presumptively within knowledge of demurring defendant. Strozier v. <br />8 Williams (1960, 2nd Dist) 187 Cal.App.2d 528.) A special demurrer should not be sustained if the <br />9 allegations are sufficiently clear to apprise the defendant of the issues that must be met, even if not as <br />10 clear and detailed as might be desired. (Merlino v. West Coast Macaroni Mfg. Co. (1949) 90 <br />11 Cal.App.2d 106) <br />12 Ambiguity, as defined by Webster, signifies "the quality or state of being ambiguous; <br />13 doubtfulness or uncertainty, particularly of signification"; equivocal. (Kraner v. Halsey (1899) 82 <br />14 Cal 209.) Nothing in this complaint is ambiguous. The government knows only a small portion of <br />15 what goes on at these businesses, and that is a good thing. The government does not know all of the <br />16 chemicals, nor the quantities of these chemicals located at the businesses owned or controlled by Mr. <br />17 Badway. However, there is nothing ambiguous about the quantity or the chemicals which require <br />18 compliance with Chapter 6.95. The defendant is required to comply with this law for all chemicals <br />19 that are liquid, solid and/or gas at standard temperature and pressure. <br />20 <br />THE DEFENSE HAS PROVIDE NO AUTHORITY THAT <br />21 THE COMPLAINT FAILS TO STATE A CAUSE OF ACTION <br />22 <br />23 As stated above, Health and Safety Code § 6382 does not exist. Carbon dioxide is a <br />24 hazardous substance pursuant to several criteria, including but not limited to the fact that it is a listed <br />hazardous material pursuant to Title 49 of the Federal Code of Regulations. Carbon dioxide is a gas <br />25 <br />a standard temperature and pressure. The complaints allege unknown violations regarding Chapter <br />26 <br />27 6.95 of the Health and Safety Code due to the uncertainty associated with the failure to file the <br />28 required paperwork with the Office of Emergency Services. However, these complaints allege that <br />