Judge: Nick A. Dourbetas, Case: 2021-01224063, Date: 2022-08-19 Tentative Ruling

1. Demurrer to Amended Complaint

2. Motion to Strike Complaint

Motion No. 1. Demurrer:

Defendants Surf City Equities, Inc.’s, dba “Re/Max Terrasol”, Leo Betancourt’s, and Rosio Vigueras’ Demurrer to Plaintiff’s Second Amended Complaint (“2ndAC”) is SUSTAINED in part, and OVERRULED in part. (See Code Civ. Proc. § 430.10, subd. (e).)

The demurrer to the 2nd Cause of Action is sustained with leave to amended on the basis that the cause of action is not alleged with the required level of specificity. (See Schauer v. Mandarin Gems of Calif. (2005) 125 Cal.App.4th 949, 960-61.) Specifically, facts as to plaintiffs’ reliance are not adequately alleged. (See Witkin, Calif. Procedure 6th, Pleading, § 714; Knox v. Dean (2012) 205 Cal.App.4th 417, 434 [requirement to allege facts taken in reliance.)

The court declined to consider plaintiffs opposition declaration and defendant’s reply.

The demurrer to the 3rd Cause of Action is overruled.

Motion No. 2. Motion to Strike:

Defendants Surf City Equities, Inc.’s, dba “Re/Max Terrasol”, Leo Betancourt’s, and Rosio Vigueras’ motion to strike is GRANTED in part and DENIED in part. (See Code Civ. Proc. §§ 435 and 436.)

The motion is granted as to paragraphs 61, 62, 78, 79, 98, 99, 120, 121, 136, & 137 pertaining to plaintiff’s damages, and denied as to the balance of the damage allegations.

The motion is granted as to all attorney’s fees allegations without leave to amend, except as stated below:

The plaintiff may move for leave to amend the complaint upon an appropriate evidentiary showing, should discovery produce a contract between the parties containing an attorney’s fees clause applicable to the tort claims asserted by plaintiff.

Plaintiff to file an amended complaint within twenty days.

Defendants are ordered to give notice.