Judge: Mark E. Windham, Case: 24STLC05312, Date: 2024-10-29 Tentative Ruling
Case Number: 24STLC05312 Hearing Date: October 29, 2024 Dept: 26
Levant v. Willat, et al.
DEMURRER
(CCP § 430.10, et seq.)
TENTATIVE RULING:
Defendants Boyd I. Willat dba 7
Fountains TIC SPE, LLC & Isola Bella TIC SPE, LLC’s Demurrer to the
Complaint is CONTINUED TO FEBRUARY 25, 2025 AT 10:30 AM IN DEPARTMENT 26 IN THE
SPRING STREET COURTHOUSE.
ANALYSIS:
On July 26, 2024, Plaintiff Andrew
Levant (“Plaintiff”), in propria persona, filed the
Complaint in this action against Defendant Boyd I. Willat dba 7 Fountains TIC
SPE, LLC & Isola Bella TIC SPE, LLC (“Defendant”). On September 25, 2024,
Defendant filed the instant Demurrer to the Complaint. Defendant filed a Notice
of Related Case on October 11, 2024. Plaintiff filed an opposition to the
Demurrer on October 14, 2024.
The Notice of Related Case is filed with respect to Seven
Fountains, LLC v. Levant, in Los Angeles Superior Court, Case No. 24SMCV03897.
LASC Case No. 24SMCV03897, filed on August 12, 2024, is assigned to Department
O in the Santa Monica Courthouse, an unlimited jurisdiction court. As an
unlimited jurisdiction court, Department O in the Santa Monica Courthouse must
rule on the Notice of Related Case. (Cal. Rules of Court, rule 3.300(h)(1)(B).)
Accordingly, the hearing on the demurrer is continued to allow for a ruling on
the Notice of Related Case.
Conclusion
Defendants Boyd I. Willat dba 7
Fountains TIC SPE, LLC & Isola Bella TIC SPE, LLC’s Demurrer to the
Complaint is CONTINUED TO FEBRUARY 25, 2025 AT 10:30 AM IN DEPARTMENT 26 IN THE
SPRING STREET COURTHOUSE.
Court clerk to give notice.