Defendant’s Demurrer to the First Amended Complaint
2025CUBC054543: ANUSH BARSAMYAN vs ANGELIQUE FRIEND 06/17/2026 in Department 43 Demurrer to FIRST AMENDED COMPLAINT
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Motion: Defendants Demurrer to the First Amended Complaint
Tentative Ruling: Defendants Demurrer to the First Amended Complaint is OVERRULED.
2025CUBC054543: ANUSH BARSAMYAN vs ANGELIQUE FRIEND
The Court has taken judicial notice of the following documents:
(1) Petition for Letters of Administration filed December 23, 2024;
(2) Letters of Administration issued February 21, 2025;
(3) Creditors Claim filed by Plaintiff Anush Barsamyan on September 24, 2025;
(4) Rejection of Plaintiff's September 24 Creditors claim filed on October 30, 2025;
(5) Creditors Claim filed by Plaintiff Anush Barsamyan on November 10, 2025; and
(6) Rejection of Plaintiffs November 10 Creditor's claim filed on November 12, 2025.
These are probate court documents and judicial notice is properly taken under Evidence Code section 452, subdivision (d).
The First Amended Complaint pleads an action to enforce a contract to make a will and not a creditor claim against the estate. This negates Defendants primary argument that the claims are barred by a failure to file a timely creditor claim in probate court. The claim is excepted from the statute of frauds at the pleading stage because the contract was capable of being completed within one year. The First Amended Complaint pleads the correct and specific remedy and measure of damages for a quantum meriut claim. Constructive trust is a correct remedy in this situation and is adequately pled.
Defendant shall file an answer to the complaint on or before July 2, 2026.
Plaintiff is ordered to serve notice of the Courts ruling.
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