Judge: Mark E. Windham, Case: 24STLC01744, Date: 2024-09-09 Tentative Ruling

Case Number: 24STLC01744    Hearing Date: September 9, 2024    Dept: 26

Torres, et al. v. Mendelson, et al.

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

THE HEARING ON THE DEMURRER TO THE COMPLAINT IS PLACED OFF CALENDAR. BASED ON THE RELIEF SOUGHT IN THE COMPLAINT, THIS ACTION IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PLAINTIFFS ARE 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 March 11, 2024, Plaintiffs Robin Torres and Al Torres (“Plaintiffs”) filed the Complaint in this action against Defendants Brian Mendelson and Emily Kane (“Defendants”). Defendants filed the instant Demurrer to the Complaint on July 18, 2024. On August 28, 2024, improperly Plaintiffs filed a First Amended Complaint without leave of court. The First Amended Complaint was required to have been filed by August 26, 2024, otherwise, Plaintiff was required to have moved for leave to amend by noticed motion. (Code Civ. Proc., § 472, subd. (a); § 473, subd. (a)(1).)

Discussion

The Complaint states on the face page that it is for “injunctive relief and attorney’s fees.” (Compl., p. 1.) Plaintiffs allege that they seek “to enforce the Restrictive Covenants, Conditions and Restrictions on Tract 30113 ("CC&Rs) in the City of Los Angeles, County of Los Angeles.” (Id. at ¶1.) Specifically, that Defendants be required to trim their trees and other foliage on their property to meet the requirements of the CC&Rs. (Id. at ¶2.) By Failing to so comply, Defendants have intentionally and consciously harmed Plaintiff by totally blocking their view. (Id. at ¶3.) Plaintiffs request that the Court order Defendants “to cut their trees to the extent necessary to become compliant with the CC&Rs and to continue to do so whenever it is necessary to so comply and that if they do not do so within 45 days of the issuance of the court order, Plaintiffs have the authority to contract a tree trimming company to do so and expend as much as $6,000 to get Respondent's property in compliance with the CC&Rs.” (Id. at ¶32.)

The limited jurisdiction court lacks jurisdiction to issue the injunctive relief sought in the 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. Plaintiffs are ordered to pay the reclassification fee within ten (10) days.

Conclusion

THE HEARING ON THE DEMURRER TO THE COMPLAINT IS PLACED OFF CALENDAR. BASED ON THE RELIEF SOUGHT IN THE COMPLAINT, THIS ACTION IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PLAINTIFFS ARE ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

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

Court clerk to give notice.