Defendant Nisinovichs’ Demurrer To Gracious Ridge’s Second Amended Complaint is OVERRULED.  Defendant Nisinovich’s Motion to Strike the Second Amended Complaint is DENIED. 

On January 5, 2021 the Court granted Gracious Ridge’s motion to file a second amended complaint.  That amended complaint included a cause of action for quiet title.  A complaint for quiet title must be verified.  On January 15, 2021 Gracious Ridge electronically filed its Second Amended Complaint. Attached to that complaint was a proper verification signed by Neda Azizisefat as managing member of Gracious Ridge.  Gracious Ridge served the  Second Amended Complaint on Febuary 1, 2021.  On June 18, 2021 Nisinovich Demurred. On November 16, 2021 the Court overruled the Nisinovich’s demurrer.  In so doing, the Court recoginzed that the factual allegations of of that complaint are deemed judicial admissions.   

The Nisinovichs’ renewed demurrer asserts the same arguments as their prior demurrer.  Again, the demurrer lacks merit regardless of the Court’s recognition of Gracious Ridge’s prior judicial admissions. Moreover, it is procedurally improper, given the Court’s prior consideration of the demurrer. The Second Amended Complaint has not been amended.  There is no grounds for Nisinovich to bring another demurrer to that complaint.

Likewise, Nisinovichs’ motion to strike the Second amended complaint based on it belated challenge to the verification lacks merit.  Nisinovich is mistaken that the Second Amended Complaint was not verified when filed, or that the Court did not grant Gracious Ridge leave to file a verified second amended complaint on Januiary 5, 2021. The Court finds the Second Amended Compliant was properly verified when filed. 

There is some apparent confusion about what the Court previously orderd regarding Nisinovich’s unverified answer to Gracious Ridge’s verified Second Amended Complaint. On December 5, 2022, the Court denided Gracious Ridge’s motion in limine seeking and order that all of the allegaitions of its second amended complaint should be deemed admitted because Nisinovich answer was not verified. In part, the Court found Gracious Ridge had waived its right to assert the lack of a verification by waiting until the trial to assert that challenge.  In response, the Court inquired if Nisiinovich intended to file an amended verified answer.  Counsel indicated he could and would file such an answer if not forthwith, by December 12, 2022, with the Court’s approval, and without objection from Gracious Ridge.  In so doing, the Court did not grant Gracious Ridge leave to file an amended complaint to add a missing verificaition.  That complaint was already verified. Without objection, however, the Court did grant Nisinovich the right to file an amended verified answer.  Remarkably, Nisinovich thereafter chose not to do so and itstead filed an improper demurrer.  The Court does not intend to fuirther delay the trial becasue of Nisinovchs’ macinations arsing from the mistaken belief the Second Amended Complaint was not verified. The Court will continue to recoginze Nisinovich’s unverified answer