Judge: Christopher K. Lui, Case: 22STCV22914, Date: 2023-03-10 Tentative Ruling
Case Number: 22STCV22914 Hearing Date: March 10, 2023 Dept: 76
Plaintiff leased production studio space from Defendant, with an option to purchase the property. Defendant allegedly interfered with Plaintiff’s business from prospective clients who wished to rent studio space from Plaintiff. Moreover, Defendant was allegedly responsible for a flood to the building, which Plaintiff paid to have the resulting damages repaired.
Defendant Castaic Studios, LLC filed a Cross-Complaint alleging that Plaintiff ceased making payments as required under the License Agreement, yet continued to occupy the premises and improperly maintained possession and control despite Cross-Complainant’s objections.
Cross-Defendants Wonderland Studios, LLC and Beni Tadd Atoori move to strike portions of the First Amended Cross-Complaint.
TENTATIVE RULING
Cross-Defendants Wonderland
Studios, LLC and Beni Tadd Atoori’s motion to strike portions of the First
Amended Cross-Complaint is DENIED.
Cross-Defendants are to answer
the First Amended Cross-Complaint within 10 days.
ANALYSIS
Demurrer
Meet and Confer
The Declaration of Melissa N.
Eubanks reflects that Cross-Defendant’s counsel satisfied the meet and confer
requirement set forth in CCP § 435.5.
Discussion
To the extent
Cross-Defendants move to strike unspecified portions, i.e., “and those portions
of the prayer requesting punitive damages,” the motion is denied for failure to
specify the portions to be stricken, as required by Cal. Rules of Court, Rule
3.1322(a).
Cross-Defendants Wonderland
Studios, LLC and Beni Tadd Atoori move to strike the following portions of the
First Amended Cross-Complaint.
¿ ¶¶
26, 40 (last sentence): DENIED.
With regard to the
trespass cause of action, ¶¶ 24 – 26 allege:
24.
In trespassing onto the Premises, Cross-Defendants have obstructed and
prevented Castaic’s use of the Premises.
25.
Cross-Defendants’ unauthorized entry onto, occupancy of, and use of the
Premises has caused Castaic to be deprived of rights to the real property, and
have damages Castaic in the amount of $300,000.00 per month, starting August 1,
2022, and continuing for each month thereafter.
26.
Cross-Defendants’ trespass onto the Premises was done with knowledge of its wrongfulness
and the harm it would cause, entitling Castaic to an award of punitive damages.
With regard to the
nuisance cause of action, ¶¶ 37 – 40 allege:
37.
Cross-Defendants have wrongfully taken and held possession of the Premises, and
obstructed Castaic from financing and using the Premises.
38.
Cross-Defendants’ actions in wrongfully holding possession of the Premises and obstructing
Castaic’s finance and use of the Premises constitutes unreasonable interference
with Castaic’s use and enjoyment of the land.
39.
Cross-Defendants’ wrongful actions are ongoing and Cross-Defendants continue to
wrongfully hold possession the Premises and continue to obstruct Castaic from
financing and using Premises, entitling Castaic to a remedy of injunctive
relief seeking an order that Cross-
Defendants
abate the nuisance.
40.
As a result of Cross-Defendants’ wrongful actions, Castaic has suffered damages
in the amount of $300,000.00 per month, starting August 1, 2022, and continuing
for each month thereafter. Cross-Defendants’ actions are willful and wrongful,
entitling Castaic to an award of punitive damages.
The foregoing allegations are sufficient to plead that Cross-Defendants
acted with “malice,” as that term is defined in Civil Code, § 3294(c)(1) to
include “conduct which is intended by the defendant to cause injury to the
plaintiff.”
Cross-Defendants are to answer the
First Amended Cross-Complaint within 10 days.