Judge: Melvin D. Sandvig, Case: 24CHCV04470, Date: 2025-05-12 Tentative Ruling
Case Number: 24CHCV04470 Hearing Date: May 12, 2025 Dept: F47
Dept. F47
Date: 5/12/25
Case #24CHCV04470
DEMURRER TO THE
ORIGINAL COMPLAINT
Demurrer filed on 3/19/25.
MOVING PARTY: Defendant Ryan Parcells
RESPONDING PARTY: Plaintiff Glenn Evangelist
NOTICE: ok
Demurrer is to the entire complaint:
2.
Quiet Title
3.
Cancellation of Grant Deed
4.
Cancellation of Trust
5.
Cancellation of Will
6.
Elder Abuse
7.
Notary Violations
8.
Negligent Supervision
9.
Declaratory Relief
RULING: The demurrer is overruled. Answer is due within 20 days.
SUMMARY OF FACTS & PROCEDURAL HISTORY
This action arises out of the transfer of Elaine
Evangelist aka Elaine Voyson’s (Decedent) real property located at 10022 Burnet
Avenue, Mission Hills California 91345 to Defendant Ryan Parcells (Parcells)
upon Decedent’s death. Plaintiff Glenn
Evangelist (Plaintiff) is Decedent’s brother.
Plaintiff alleges that Parcells, an employee of U.S.
Bank, took advantage and isolated Decedent resulting in the creation of a
fraudulent trust of which Parcells was the trustee, a fraudulent last will and
testament and other allegedly fraudulent documents. Plaintiff alleges Defendant Rene Daniel Amaya
(Amaya), also an employee of U.S. Bank, notarized the fraudulent
documents. Decedent died on 10/20/24.
On 12/4/24, Plaintiff filed this action against Parcells,
U.S. Bank National Association (U.S. Bank) and Amaya alleging causes of action
for: (1) Conversion; (2) Quiet Title; (3) Cancellation of Grant Deed; (4) Cancellation
of Trust; (5) Cancellation of Will; (6) Elder Abuse; (7) Notary Violations; (8)
Negligent Supervision and (9) Declaratory Relief. On 2/26/25, Amaya, representing himself,
answered the complaint and on 4/9/25 U.S. Bank answered the complaint. On 3/19/25, after Plaintiff’s counsel failed
to respond to his meet and confer efforts, Parcells filed and served the
instant demurrer to the entire complaint.
Plaintiff has not opposed or otherwise responded to the
demurrer.
ANALYSIS
In the memorandum of points and authorities filed in
support of the instant demurrer, Parcells merely sets forth various laws and
authorities without applying them to the facts and allegations in this case. See CRC 3.1113(b). Some of the laws and authorities cited do not
even apply to a demurrer. For example, Parcells
cites CCP 1281 – 1281.96 regarding arbitration.
As such, Parcells has failed to meet his burden as the
moving party on the demurrer.
CONCLUSION
The demurrer is overruled. Answer is due within 20 days.