What is the test for a motion for a more definite pleading in a personal injury case?

MultiRegion, United States of America

The following excerpt is from Becerra v. San Diego Cmty. Coll. Dist., Case No. 17-cv-2489-BAS-MDD (S.D. Cal. 2018):

Under Federal Rule of Civil Procedure 12(e), "[a] party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response." Confusing and unclear complaints "impose unfair burdens on litigants and judges." McHenry v. Renne, 84 F.3d 1172, 1179 (9th Cir. 1996) (explaining that defendants and courts could disagree on what claims are being alleged or risk surprises from the plaintiff later on in the case). Thus, in response to a motion for a more definite statement, the court has discretion to "require such detail as may be appropriate in the particular case." Id.

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