Judge: Jon R. Takasugi, Case: 20STCV30140, Date: 2022-11-21 Tentative Ruling

Case Number: 20STCV30140    Hearing Date: November 21, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s demurrer is SUSTAINED.  

On 2/18/2022, Plaintiff Pam Krebs (Plaintiff) filed suit against Dorothy St. Homeowners Association (Defendant), alleging: (1) breach of governing documents; (2) breach of fiduciary duties; (3) breach of fiduciary duties; (4) nuisance; (5) negligence; (6) trespass; (7) violation of the Davis-Stirling Act; (8) violation of the Davis-Stirling Act; and (9) declaratory relief.

Now, Plaintiff demurrers to all of Defendant’s affirmative defenses except the twelfth.

            The motion is unopposed.

Discussion

            Plaintiff argues that Defendant’s answer fails to allege facts sufficient to state a claim for each of Defendant’s twenty-six affirmative defenses except the twelfth.

            The Court agrees. Both complaints and answers have the same pleading standards because they serve the same purpose. “The primary function of a pleading is to give the other party notice so that it may prepare its case.” (Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 240.) Here, Defendant’s answer is entirely devoid of supporting factual allegations. While this is acceptable for Defendant’s twelfth affirmative defense for Statute of Limitations (see CCP § 458.), it is not acceptable for the remaining defenses. Defendant’s failure to oppose is considered a concession of this fact.

            Based on the foregoing, Plaintiff’s demurrer is sustained.

It is so ordered.

Dated:  November    , 2022

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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