Judge: Colin Leis, Case: 23STCV16675, Date: 2024-06-14 Tentative Ruling
Case Number: 23STCV16675 Hearing Date: June 14, 2024 Dept: 74
Defendants David Talasazan and Maya Talasazan’s Demurrer to Plaintiff’s First Amended Complaint
Plaintiff alleges defendants David Talasazan and Maya Talasazan, among others, entered into a three-year commercial lease in July 2022. Plaintiff further alleges defendants stopped paying rent, illegally stored marijuana on the premises, and damaged the premises. Plaintiff’s form first amended complaint filed on August 31 sufficiently alleges against the Talasazan defendants causes of action for breach of contract and common counts. But plaintiff’s third cause of action for fraud lacks the required specificity of who, what, where, when, how for a fraud cause of action. The court overrules the demurrer to the first two causes of action and sustains the demurrer to the third cause of action with 15 days’ leave to amend.
Defendants shall give notice.