Defendant Montaire Community Homeowners’ Association’s (“MCHA”) Demurrer to Plaintiffs’ Complaint
2026CUCO059243: ALAR MIKK, et al. vs ROBERT OBREITER, et al. 07/13/2026 in Department 20 Demurrer
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Motion: Defendant Montaire Community Homeowners Associations (MCHA) Demurrer to Plaintiffs Complaint
Tentative:
1. MCHAs special demurrer to each of the First, Second, and Third Causes of Action of Plaintiffs Complaint on grounds of uncertainty pursuant to Code of Civil Procedure section 430.10, subdivision (f) is OVERRULED.
2. MCHAs demurrer to the fourth cause of action on the ground of lack of standing pursuant to Code of Civil Procedure section 430.10, subdivisions (b) and (e) is OVERRULED. Sufficient facts have been alleged to show demand futility.
MCHA shall file its Answer to the Complaint on or before July 23, 2026.
Plaintiffs shall give notice.
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