Judge: Kristin S. Escalante , Case: 22STCV08351, Date: 2023-04-04 Tentative Ruling

Case Number: 22STCV08351    Hearing Date: April 4, 2023    Dept: 24

Defendants John Stavaridis as trustee of the Chris Stavaridis Revocable 2007 trust ("John"), Lisa Stavaridis ("Lisa"), Anna Stavaridis (Anna"), and Gregory Stavaridis ("Gregory") have, as set forth below, demurred to the first (declaratory relief), second (fraud), third (constructive trust) and fourth (conversion) causes of action in the second amended complaint.  The court rules as follows: 

As to the first cause of action for declaratory relief brought by defendants Lisa, Anna, and Gregory, the demurrer is sustained without leave to amend on grounds set forth in the moving papers.  As to the second cause of action for fraud brought by defendants John and Anna, the demurrer is overruled.  The cause of action has been adequately pled.  As to the third cause of action for constructive trust brought by defendants Lisa, Anna, and Gregory, the demurrer is sustained without leave to amend on grounds set forth in the moving papers.  As to the fourth cause of action for conversion brought by defendants Lisa, Anna, and Gregory, the demurrer is sustained without leave to amend on grounds set forth in the moving papers.  

Defendants' motion to strike portions of the second amended complaint as regards punitive damages is GRANTED on grounds set forth in the moving papers. 

Moving party is ordered to give notice.