Judge: Olivia Rosales, Case: 22NWCV00535, Date: 2023-01-03 Tentative Ruling

Case Number: 22NWCV00535    Hearing Date: January 3, 2023    Dept: SEC

MAKARY v. VAZQUEZ

CASE NO.:  22NWCV00535

HEARING: 1/3/23 @ 1:30 PM

JUDGE:  LEE W. TSAO

#Add-On 1

TENTATIVE RULING

Cross-Defendant Makary’s demurrer to the cross-complaint is SUSTAINED.  The court will hear from Cross-Complainant regarding any grounds warranting leave to amend.

Moving Party to give NOTICE.

Cross-Defendant George Makary demurs to the Cross-Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action, and is uncertain.

The Complaint filed by Plaintiff Makary alleges that Plaintiff purchased the subject real property from Jazmine Vazquez, who vacated the premises on December 17, 2021.  (Complaint, ¶ 4.)  At the time, Defendant Guillermina Vazquez was occupying and residing in the converted garage that is unpermitted for occupancy.  (Id., ¶ 5.)  Plaintiff then entered into a contract for sale of the permises to Juan R. Ortiz, and Defendant was informed of the pending sale by written notice.  (Id., ¶ 7.)  Defendant Vazquez refused ot vacate the precmises.  (Id., ¶ 8.)  As a result, Defendant interfered with Plaintiff’s ability to sell and deliver the premises.  Based thereon, the Complaint asserts causes of action for:

1.    Interference with Economic Relations and for Temporary and Permanent Injunctive Relief for Intentional Interfrernce with Economic Relationship

2.    Private Nuisance

On July 27, 2022, Vazquez filed a Cross-Complaint alleging a single cause of action for Quiet Title.

The instant demurrer concerns the Cross-Complaint.

1^st CAUSE OF ACTION

QUIET TITLE:  The complaint shall be verified and shall include all of the following:  (a) A description of the property that is the subject of the action. In the case of tangible personal property, the description shall include its usual location. In the case of real property, the description shall include both its legal description and its street address or common designation, if any; (b) The title of the plaintiff as to which a determination under this chapter is sought and the basis of the title. If the title is based upon adverse possession, the complaint shall allege the specific facts constituting the adverse possession; (c) The adverse claims to the title of the plaintiff against which a determination is sought; (d) The date as of which the determination is sought. If the determination is sought as of a date other than the date the complaint is filed, the complaint shall include a statement of the reasons why a determination as of that date is sought; (e) A prayer for the determination of the title of the plaintiff against the adverse claims.  (CCP § 761.020.) 

¶ 7 alleges that Vazques is the owner of the real property at 11661 Burke Street, Whittier, CA.  ¶ 8 alleges that Cross-Defendant wrongfully and fraudulently obtained title.  ¶ 11 requests a determination of title to the property.

The Cross-Complaint is defective because it is not verified, and Vazquez has not alleged the basis of her title.  Further, Vazquez alleges fraud, but fails to plead the fraud with specificity.  A plaintiff must allege what was said, by whom, in what manner (i.e. oral or in writing), when, and, in the case of a corporate defendant, under what authority to bind the corporation.  (See Goldrich v. Natural Y Surgical Specialties, Inc. (1994) 25 Cal.App.4th 772, 782.)

Accordingly, the demurrer is SUSTAINED.  As there is no opposition, the court will hear from Vazquez regarding any grounds warranting leave to amend.