Judge: Matthew C. Braner, Case: 37-2023-00017591-CU-OR-CTL, Date: 2024-01-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - January 18, 2024

01/19/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2023-00017591-CU-OR-CTL DEVIN VS THE GRANDE SOUTH AT SANTA FE PLACE HOMEOWNERS ASSOCIATION [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant The Grande South at Santa Fe Place Homeowners Association's motion for judgment on the pleadings is DENIED.

'A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed.' (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) To test the sufficiency of a cause of action, the court treats as true 'all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.' (Centinela Freeman Emergency Medical Associates v. Health Net of California, Inc. (2016) 1 Cal.5th 994, 1010.) The court shall give the complaint a 'reasonable interpretation, reading it as a whole and its parts in their context.' (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Here, Defendant moves for judgment as to Plaintiff Justin Devin's cause of action for breach of governing documents. Defendant argues that Plaintiff lacks standing to bring a claim under the HOA documents because the allegedly improper fines were incurred by and against the Devin Family Trust and not Plaintiff, who did not become an owner until July 20, 2022. However, Plaintiff alleges he was assigned all claims held by the Trust when he became the owner, and as an assignee he has standing to sue for the past conduct. The court agrees; whether Plaintiff was in fact assigned all assets of the Trust, including its right to certain claims, is a factual issue not suitable for resolution at the pleading stage.

The cases relied on by Defendant to argue the claims in this case cannot be assigned are distinguishable. Martin v. Bridgeport Community Association, Inc. involved plaintiffs who were assigned claims related to real property, where the court held that such claims could not be assigned because those plaintiffs were not the owners of the real property. (Martin v. Bridgeport Community Association, Inc. (2009) 173 Cal.App.4th 1024, 1036.) Unlike that case, here Plaintiff is alleged to be the owner of the real property in question, and not simply a resident or guest. Vaughn v. Dame Construction Co. is likewise inapposite, as it involved a situation where ownership of real property was sold, but the right to claims arising from the prior ownership of the real property was not sold with the property (i.e., the new owner bought the property with the alleged defect and presumably paid the fair market price of that property with the defect). (Vaughn v. Dame Construction Co. (1990) 223 Cal.App.3d 144, 149 ['[A] party can transfer or assign the right to recover for damages to the property without also conveying title to the property.'].) Here, Plaintiff alleges he not only was granted ownership of the property, but also was assigned all claims related to or arising from that property.

Calendar No.: Event ID:  TENTATIVE RULINGS

2981310  14 CASE NUMBER: CASE TITLE:  DEVIN VS THE GRANDE SOUTH AT SANTA FE PLACE HOMEOWNERS  37-2023-00017591-CU-OR-CTL Accordingly, Defendant's motion for judgment on the pleadings is denied.

Calendar No.: Event ID:  TENTATIVE RULINGS

2981310  14