Judge: Michael Small, Case: 23STCV23854, Date: 2024-04-02 Tentative Ruling

Case Number: 23STCV23854    Hearing Date: April 2, 2024    Dept: 57

Pending before the Court are two demurrers to the complaint of Plaintiff Alex Nerush.  One demurrer was filed by the following group of Defendants: Naum Neil Shekhter, Margarita V. Shekhter, Alan Shekhter, Alexander Shekhter, NMS Properties, Inc., WS Communities, LLC, and 2156 Stratford, LLC (collectively "the Naum Defendants").  The other demurrer was filed by Defendant Vera Shekhter ("Vera").  The Naum Defendants' demurrer targets all three causes of action in the Plaintiff's complaint.  Vera's demurrer targets the third cause of action, which is the only cause of action in the complaint in which Vera is named as a Defendant.  Plaintiff did file oppositions to either demurrer. Putting aside the lack of oppositions, the Court is sustaining both demurrers for two reasons.  First, from the face of the complaint, all three causes of action are barred by applicable statutes of limitations.  That is the same as to the Naum Defendants as it is to Vera.  Additionally, the allegations in the complaint are insufficient to support any of the causes of action.  Here too, that is the same as to the Naum Defendants as it is to Vera.  The Court is sustaining the demurrer with leave to amend as it appears reasonably possible that Plaintiff could cure the pleading defects identified in the demurrers and this Court's ruling on the demurrers.