Judge: H. Jay Ford, III, Case: 23STCV13323, Date: 2024-02-13 Tentative Ruling

Case Number: 23STCV13323    Hearing Date: February 13, 2024    Dept: O

Case Name:  Barrington Plaza Tenant Assoc. v. Douglas Emmett, Inc., et al.

SUBJECT:                DEMURRER WITHOUT MOTION TO STRIKE

MOVING PARTY:  Defendants Douglas Emmett, Inc. and Barrington Pacific, LLC

RESP. PARTY:        Plaintiff Barrington Plaza Tenant Association

TENTATIVE RULING

            Defendants Douglas Emmett, Inc. and Barrington Pacific, LLC’s Demurrer is OVERRULED.  Plaintiff Barrington Plaza Tenant Association (BPTA) has alleged sufficient facts to state a claim for declaratory relief.

“To allege facts sufficient to state a cause of action for declaratory relief, the plaintiff must allege two essential elements: (1) a proper subject of declaratory relief, and (2) an actual controversy involving justiciable questions relating to the rights or obligations of a party….  Childhelp, Inc. v. City of Los Angeles (2023) 91 Cal.App.5th 224, 235, as modified (May 5, 2023), [internal citations omitted].)  The Court is not persuaded that the rights and obligations of the parties can be adjudicated at this stage of the case based solely on the allegations of the complaint for declaratory relief. The Court agrees with the Plaintiff that whether Defendants had a genuine intent to permanently remove Barrington Plaza from the rental market is a factual issue that must be resolved at trial.

            BPTA's claim is ripe for adjudication and pursuant to the parties’ stipulation will be fully adjudicated in the stipulated consolidated trial scheduled for April 15, 2024. (See Farm Sanctuary, Inc. v. Department of Food & Agriculture (1998) 63 Cal.App.4th 495, 502. [“the question before us is not so abstract or hypothetical that we should await a better factual scenario.”]

            BPTA does not clearly appear to have a speedy and adequate remedy at law. (See Maguire v. Hibernia Savings & Loan Soc. (1944) 23 Cal.2d 719, 732  [“[B]efore a court may properly exercise its discretion to refuse relief on that ground, it must clearly appear that the asserted alternative remedies are available to the plaintiff and that they are speedy and adequate or as well suited to the plaintiff's needs as declaratory relief.”].) The litigation privilege does not preclude claims for declaratory relief (See Lunada Biomedical v. Nunez (2014) 230 Cal.App.4th 459, 479 [“Defendants contend, and the trial court concluded, that the litigation privilege precludes plaintiff's claim for declaratory relief. That privilege does not.”].) BPTA has standing to pursue the claim. (See Tenant Assn. of Park Santa Anita v. Southers (1990) 222 Cal.App.3d 1293, 1902 [“It is settled that an unincorporated association can sue in a representative capacity . . . to bring an action for prospective relief such as an injunction or a declaration of rights.”].)