LUCATERO VS CRP/BRANDYWINE HAWTHORNE APARTMENTS OWNER LLC

4. CASE # CASE NAME HEARING NAME LUCATERO VS CRP/BRANDYWINE DEMURRER ON 2ND AMENDED CVRI2502029 HAWTHORNE COMPLAINT APARTMENTS OWNER LLC Tentative Ruling:

The demurrer is sustained in part and overruled in part. Specifically, the demurrer of Kimball, Tirey, & St. John is sustained without leave to amend. The demurrer of the landlord is overruled. The landlord shall answer the complaint within 20 days.

Analysis:

KTS demurs on the ground that there is no allegation that KTS interfered with the plaintiff’s right of possession. The Court agrees. The complaint alleges that KTS represented the landlord in the eviction proceedings but fails to allege any facts tending to show that KTS took possession of the plaintiff’s property. The plaintiff alleges the conclusion that KTS converted his property (para. 3) but a legal conclusion is not an allegation of fact.

The demurrer of KTS shall be sustained without leave to amend unless the plaintiff offers an explanation of what additional facts can be truthfully alleged as to KTS to cure this defect.

The landlord’s demurrer fails to demonstrate that the plaintiff ‘s SAC does not sufficiently allege facts to state a claim. The plaintiffs alleges: that he owned personal property; that his property was left behind in the landlord’s premises when he was evicted; that the landlord failed to give him any notice of abandonment; that despite that omission, he asked the landlord to return his property; and that the landlord failed to return it. Although the plaintiff may have misstated the terms of the notice of abandonment to which he was allegedly entitled, that does not render insufficient the allegation that the landlord failed to give any notice to him.

5. CASE # CASE NAME HEARING NAME ROBINSON VS COUNTY DEMURRER ON 1ST AMENDED CVRI2506682 OF RIVERSIDE COMPLAINT Tentative Ruling: The Court does not consider either the declaration of Richardson or the documents attached to the plaintiff’s notice of errata.