Judge: Deirdre Hill, Case: YC072796, Date: 2023-03-28 Tentative Ruling

Case Number: YC072796    Hearing Date: March 28, 2023    Dept: M

LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT

Honorable Deirdre Hill                                                                         Tuesday, March 28, 2023

Department B                                                                                                            Calendar No.

PROCEEDINGS

Sabine De Weijer v. Brookside Village Homeowners Association, Inc., et al.

            YC072796

1.     Sabine De Weijer’s Ex Parte Application for an Order Advancing and Specially Setting the Hearing Date for Sabine De Weijer’s Demurrer to Defendant Brookside Village Homeowners Association, Inc.’s Second Amended Answer to the Complaint

TENTATIVE RULING

Sabine De Weijer’s Ex Parte Application for an Order Advancing and Specially Setting the Hearing Date for Sabine De Weijer’s Demurrer to Defendant Brookside Village Homeowners Association, Inc.’s Second Amended Answer to the Complaint is granted.

Background

Plaintiff filed her Complaint on April 3, 2018. Plaintiff is the owner of real property located at 605 South Prospect Avenue, Unit 307, Redondo Beach, CA 90277. Her unit is part of a condominium development managed and maintained by Defendant Brookside Village Homeowners Association, Inc. (“HOA”), in accordance with a Declaration of Establishment of Conditions, Covenants and Restrictions (“CC&Rs”).  Plaintiff alleges that Defendant improperly maintained the common areas, as well as areas to which it had a duty to maintain including the attic space and cavity spaces above and adjacent to Plaintiff’s unit, which caused stains and defects to Plaintiff’s unit. Plaintiff alleged causes of action for: 1. Breach of CC&Rs; 2. Enforcement of Equitable Servitudes; 3. Nuisance; 4. Negligence; 5. Declaratory Relief.

Ex Parte Application to Advance and Specially Set Demurrer

Cal. Rule of Court, Rule 3.1202(c) states: “An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.” Cal. Rules of Court, Rule 3.1300(b) states: “The court, on its own motion or on application for an order shortening time supported by a declaration showing good cause, may prescribe shorter times for the filing and service of papers than the times specified in Code of Civil Procedure section 1005.”

Plaintiff applies, ex parte, to advance and specially set the Demurrer to Defendant’s Second Amended Answer, which was filed on March 14, 2023, and which is currently set for hearing on June 29, 2023.  Plaintiff has established good cause to advance and specially set the demurrer. The demurrer is currently scheduled to be heard more than a month after the trial is scheduled to begin on May 8, 2023. Good cause is shown to advance the hearing so that the demurrer can be heard prior to trial.

Therefore, Plaintiff Sabine De Weijer’s Ex Parte Application is granted. Plaintiff Sabine De Weijer’s Demurrer to Second Amended Answer, currently set for June 29, 2023, is advanced and specially set to April 14, 2023. Opposition and Reply are to be filed and served pursuant to the time frame specified in CCP § 1005(b).

Plaintiff is ordered to give notice of this ruling.