DEMURRER to COMPLAINT
Real Property/Housing Court Law and Motion Calendar for June 5, 2025 line 2. DEFENDANT NARANJI PATEL DEMURRER TO COMPLAINT to the first and third through seventh causes of action in the complaint is SUSTAINED without leave to the first cause of action for battery and the fifth cause of action for private nuisance and SUSTAINED with fifteen days leave to amend to the third cause of action for IIED, the fourth cause of action for concealment, the sixth cause of action for public nuisance, and the seventh cause of action for breach of contract.
The battery claim fails to state a cause of action and there is no reasonable possibility of an amendment to do so because the failure to act does not constitute a battery under California law. The private nuisance claim fails to state a cause of action and there is no reasonable possibility of an amendment to do so because a hotel lodger lacks a sufficient property interest to sue for private nuisance. (Venuto v. Owens-Corning Fiberglas Corp. (1971) 22 Cal.App.3d 116, 125). The IIED, concealment, public nuisance and contract claims fail because plaintiffs have alleged conclusions, not ultimate facts, to support the required elements of those claims. =(501/HEK)
Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.
Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear. | |
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