Judge: Elaine W. Mandel, Case: 20SMCV00130, Date: 2022-12-13 Tentative Ruling

Case Number: 20SMCV00130    Hearing Date: December 13, 2022    Dept: P

Tentative Ruling
Luske v. Aimco Venezia LLC, Case No. 20SMCV00130
Hearing Date December 13, 2022
Defendant Luske’s Motion to Dismiss and Motion for Sanctions

Plaintiff Aimco Venezia, LLC alleges former tenant Elizabeth Luske made her residential unit available for short-term subleases, in violation of the parties’ lease agreement. Luske moves to dismiss the complaint and for sanctions against Aimco. 

The motion to dismiss is, in substance, a demurrer. See defendant’s request for demurrer/motion to dismiss with prejudice at pg. 1. Luske’s demurrer is two pages long and contains no specific facts or argument applying the demurrer standard to the complaint. Instead, the motion states in a conclusory fashion that each of Aimco’s causes of action fails to allege sufficient facts or evidence. Luske has not adequately shown that the complaint is demurrable. 

The motion for sanctions is similarly deficient. It is one page long, and states that the complaint was brought for an improper purpose, justifying sanctions under Cal. Code of Civ. Proc. §128.7.  Luske presents no evidence of impropriety, however, nor does she present any detail as to how the complaint is improper. DENIED.