Judge Olivia Rosales, Case 21NWCV00658 2022-08-25 Tentative Ruling

Judge: Olivia Rosales, Case: 21NWCV00658, Date: 2022-08-25 Tentative Ruling

Case Number: 21NWCV00658 Hearing Date: August 25, 2022 Dept: SEC

GOMEZ v. CORONA

CASE NO.: 21NWCV00658

HEARING: 08/25/22

JUDGE: OLIVIA ROSALES

TENTATIVE ORDER

I. Cross-Defendants’ VANESSA LEAL and RAUL GOMEZ’s Demurrer to the GUADALUPE MARIA CORONA’s First Amended Cross-Complaint is CONTINUED to Thursday, September 1, 2022 at 9:30 a.m. in Dept. SE-C.

II. Cross-Defendants’ VANESSA LEAL and RAUL GOMEZ’s Motion to Strike Portions of GUADALUPE MARIA CORONA’s First Amended Cross-Complaint is CONTINUED to Thursday, September 1, 2022 at 9:30 a.m. in Dept. SE-C.

Moving Parties to give Notice.

This action for partition of real property was filed by Plaintiffs VANESSA LEAL and RAUL GOMEZ (“Cross-Defendants”) on October 4, 2021. On January 28, 2022, Defendant/Cross-Complainant GUADALUPE MARIA CORONA (“Cross-Complainant”) filed the subject First Amended Cross-Complaint (“FAXC”).

The FAXC alleges, in pertinent part: “CORONA is part owner of the property located at 14447 Placid Dr, Whittier, CA 90604 (the ‘Subject Property’).” (FAXC ¶6.) “LEAL and GOMEZ moved into the property in 2016, following the death of LEAL’s mother, CORONA’s daughter. [¶] CORONA had sympathy for LEAL, as LEAL professed that she had nowhere to go following her mother’s death. [¶] CORONA and LEAL entered into an oral agreement providing that CORONA and LEAL would both live at the Subject Property together and CORONA would put LEAL, and LEAL alone, on the deed to the property in exchange for LEAL providing care for CORONA when she needed care. CORONA was eighty-one years at the time of the transaction.” (FAXC ¶¶8-10.) Cross-Complainant allege that Cross-Defendants began to “mistreat” Cross-Complainant after the quitclaim deed to the Subject Property was signed in 2017. (see FAXC ¶¶12-19.)

The FAXC asserts the following causes of action: (1) Breach of Contract; (2) Elder Abuse; (3) Intentional Infliction of Emotional Distress; (4) Assault; (5) Battery; and (6) Promissory Fraud.

Cross-Defendants demur to the first, second, third, and sixth causes of action.

Cross-Complainant passed away on May 7, 2022.

To date, the Court is unaware that any parties have complied with the terms of CCP §377.32.

Under CCP §377.32(a), “[t]he person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent’s successor in interest under this article, shall execute and file an affidavit or declaration under penalty or perjury….”

This matter was previously continued on July 21, 2022 in order to ensure compliance with CCP §377.32. As of August 23, 2022, no new documents have been filed. In the interests of justice, the Demurrer and Motion to Strike are CONTINUED once more, as indicated above, in order to ensure compliance with the terms of CCP §377.32.