Judge: Mark E. Windham, Case: 23STLC03736, Date: 2023-11-20 Tentative Ruling

Case Number: 23STLC03736    Hearing Date: February 20, 2024    Dept: 26

  Abdeen v. Valencia Fairways HOA, et al.

MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT




TENTATIVE RULING

DEFENDANTS VALENCIA FAIRWAYS HOMEOWNERS’ ASSOCIATION, INC. AND GARY CHOPPE’S MOTION TO STRIKE PORTIONS OF THE FIRST AMENDED COMPLAINT IS PLACED OFF CALENDAR.

BASED ON THE RELIEF SOUGHT IN THE ORIGINAL AND FIRST AMENDED COMPLAINTS, THIS ACTION IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

ALL HEARING DATES IN DEPARTMENT 26 OF THE SPRING STREET COURTHOUSE ARE VACATED. 

ANALYSIS:

On June 12, 2023, Plaintiff Omaran Abdeen, Co-Trustee of the Omaran and Eman Abdeen Family Trust Dated August 31, 2017 (“Plaintiff”) filed the instant action against Defendants Valencia Fairways Homeowners’ Association and Gary Choppe. (“Defendants”). The First Amended Complaint, filed on November 6, 2023, seeks mandatory injunctive relief against Defendants. (FAC, ¶37 and Prayer, ¶1.) Defendants filed the instant Motion to Strike Portions of the First Amended Complaint on December 8, 2023. However, the Limited Jurisdiction Court lacks jurisdiction to issue the injunctive relief sought in the First Amended Complaint. (See Code Civ. Proc., §§ 85, 86.)

Therefore, the case is reclassified as an unlimited civil case and transferred to the Reclassification/Transfer Desk for collection of fees and reassignment of the case to an Independent Calendar Court. Plaintiff is ordered to pay the reclassification fee within ten (10) days.

Court clerk to give notice.