Judge: Gregory W. Alarcon, Case: 23STCP00511, Date: 2023-11-16 Tentative Ruling

Case Number: 23STCP00511    Hearing Date: November 16, 2023    Dept: 96

Tentative Ruling -Swamp Capital, LLC v. James Shaw, 23SDTCP00511

The Court has received a demurrer to the complaint and an opposition.

Plaintiff’s complaint has three causes of action for 1) enforcing shareholder equity, 2) declaratory relief to equity, and 3) transfer of court ordered shares.

Defendant appears to demurrer to the complaint in its entirety rather than specifically raising objections to specific causes of action.  In summary, Plaintiff claims they own 50 percent of shares acquired from previous litigant Tellez from a cannabis company that Defendant owns the other 50 percent of shares.  Plaintiff claims Defendant has refused to recognize them as co-owners, causing them harm. 

Defendant disputes that Plaintiff has an ownership interest and therefore the demurrer should be granted.  Plaintiff’s assertion of fact that he owns 50 percent of the cannabis company is stated in the complaint.  The court must accept facts in the complaint as true when considering a demurrer.  Code of Civil Procedure Section 430.10. One of those facts, Plaintiff’s 50 percent ownership, is in the complaint, and this factual dispute Defendant raises cannot be litigated at this stage of the proceedings. Therefore, this is not a proper subject of demurrer and therefore, the demurrer is overruled.