Judge: Joel R Wohlfeil, Case: 37-2023-00049595-CU-PO-CTL, Date: 2024-05-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 15, 2024

05/17/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2023-00049595-CU-PO-CTL BUTCHER VS GMC OCEAN LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 03/29/2024

1. The general Demurrer (ROA # 25) of Defendants GMC OCEAN, LLC, and CABRILLO MANAGEMENT CORPORATION ('Defendants') to the First Amended Complaint ('FAC' - ROA # 17) by KRISTINA BUTCHER ('Plaintiff'), is OVERRULED.

Defendants are ordered to file and serve their Answer within twenty (20) days of this hearing.

Defendants' Request (ROA # 46) for judicial notice is GRANTED IN PART and DENIED IN PART. The Court takes judicial notice of Exh's '2 - 4' and declines to take judicial notice of Exh. '1.' The 'Mobilehome Residency Law' is found at Civil Code sections 798, et seq. It applies to homeowners of mobilehomes, and residents and management of a mobilehome park. Civ. Code 798.2, 798.9 and 798.11.

Civil Code section 798.84(a) limits an action 'based upon the management's alleged failure to maintain the physical improvements in the common facilities in good working order or condition' unless 'the management has been given at least 30 days' prior notice of the intention to commence the action.' However, section 798.84 'does not apply to actions for personal injury or wrongful death.' Id. at (f).

The FAC in this action does not allege facts from which it can be concluded that Plaintiff is a resident of a mobilehome park, or Defendants manage a mobilehome park. Therefore, whether the Mobilehome Residency Law applies is a question of fact that cannot be determined via this Demurrer.

Even if the Mobilehome Residency Law did apply, the gravamen of this action alleges personal injuries arising from the health effects of water damage occurring in the unit. Lakin v. Watkins Associated Industries (1993) 6 Cal. 4th 644, 657 ('Although the events that formed the basis for her lawsuit did cause some property damage, that fact alone does not defeat her claim for damages under a personal injury theory.'). Thus, as alleged, the notice requirement is not applicable.

_____ 2. Defendants' Motion (ROA # 28) to strike Plaintiff's FAC, is DENIED.

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3109634 CASE NUMBER: CASE TITLE:  BUTCHER VS GMC OCEAN LLC [IMAGED]  37-2023-00049595-CU-PO-CTL Defendants' Request (ROA # 46) for judicial notice is GRANTED IN PART and DENIED IN PART. The Court takes judicial notice of Exh's '2 - 4' and declines to take judicial notice of Exh. '1.' This ruling is based on the same analysis as is contained in the concurrent ruling on the Demurrer.

Defendants are ordered to file and serve their Answer within twenty (20) days of this hearing.

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3109634