Judge: Melissa R. Mccormick, Case: Ballesta v. Arbor Realty Trust, Date: 2022-08-04 Tentative Ruling

Defendant Ryan Nichols’s Demurrer to First Amended Complaint

Defendant Ryan Nichols demurs to plaintiff Analie Ballesta’s first amended complaint.  Nichols argues the first, second, third and fourth causes of action in plaintiff’s first amended complaint do not state claims against Nichols because these FEHA causes of action cannot be maintained against an individual.  Plaintiff appears to concede the point in her opposition and states she attempted to file a second amended complaint.  In light of plaintiff’s concession, Nichols’s demurrer is sustained with leave to amend. 

Should plaintiff desire to file a second amended complaint that addresses the issues in this ruling, plaintiff shall file and serve it by August 15, 2022. 

Defendant Ryan Nichols to give notice.

Case Management Conference

The trial is scheduled for December 18, 2023 at 9:00 a.m. in Department C13.

Clerk to give notice.