Judge: Jon R. Takasugi, Case: 23STCV28218, Date: 2024-08-12 Tentative Ruling

Case Number: 23STCV28218    Hearing Date: August 12, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND. However, dismissal of this action is without prejudice to allow Plaintiff to properly refile on behalf of her brother, rather than on her own individual standing. 

            On 11/17/2023, Plaintiff Sohaila Derakhshan (Plaintiff), representing herself in propria persona, filed suit against Hamed Jafari (Defendant), alleging: (1) breach of fiduciary duty; (2) elder abuse; (3) forgery; (4) conversion; and (5) fraud.

            Now, Defendant demurs to the Complaint.

Discussion

            Defendant argues that Plaintiff has failed to support each cause of action with sufficient allegations.

            After review, the Court agrees.

            Plaintiff’s Complaint suffers from the fact that each claim is based on conduct allegedly committed against her now deceased Brother. For example, Plaintiff alleges a breach of fiduciary duty, but does not allege any fiduciary relationship between her and Defendant. Similarly, Plaintiff does not allege that she is a member of the class protected by California Elder Abuse Laws, or that Defendant took any action exerting undue influence over her. Rather, Plaintiff alleges elder abuse on behalf of her deceased brother. 

As such, Plaintiff does not have individual standing to pursue these claims, but must pursue this claim on a representative basis. Plaintiff is urged to consult an attorney to assist her with navigating this process.

            Based on the foregoing, Defendant’s demurrer is sustained, without leave to amend. However, dismissal of this action is without prejudice to allow Plaintiff to properly refile on behalf of her brother, rather than on her own individual standing. 

It is so ordered.

Dated:  August    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

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