Judge H. Jay Ford, III, Case Number: 23SMCV01237, Date: 2024-09-24 Tentative Ruling

Judge: H. Jay Ford, III, Case: 23SMCV01237, Date: 2024-09-24 Tentative Ruling

Case Number: 23SMCV01237 Hearing Date: September 24, 2024 Dept: O

Case Name: Gagliano v. The Beverly-Westwood Condo Homeowners Assoc., et al.

Case No.:	23SMCV01237	Complaint Filed:	3-21-23
Hearing Date:	9-17-24	Discovery C/O:	N/A
Calendar No.:	11	Discovery Motion C/O:	N/A
POS:	OK	Trial Date:	None

SUBJECT: DEMURRER WITH MOTION TO STRIKE

MOVING PARTY: Defendants The Beverly-Westwood Condominiums Homeowners Association, Robin Mizrahi, Michael Fayez Sedrak, Matt Khalili, Sahar Gholami, and The Coro Community Management And Consulting LLC

RESP. PARTY: Plaintiff Frank Gagliano

TENTATIVE RULING

Defendants The Beverly-Westwood Condominiums Homeowners Association, Robin Mizrahi, Michael Fayez Sedrak, Matt Khalili, Sahar Gholami, and The Coro Community Management And Consulting LLC Demurrer to Plaintiff Frank Gagliano’s SAC is SUSTAINED WITH LEAVE TO AMEND as to the 1^st, 2^nd. 3^rd, 4^thcauses of action to the extent they seek to enforce the Defendant HOA’s current duties to the members of the Association; and,

OVERRULED as to the 5^th, 6^th,7^th, 8^th and 9^th causes of action.

Plaintiff sufficiently alleges all of the the elements of the causes of action seeking monetary damages for claims that accrued while Plaintiff was an owner and member of the HOA including for negligence (5^th and 6^th COA) Private Nuisance (7^th COA) breach of settlement agreement (8^th COA) and declaratory relief (9^th COA)