Judge: Stephen P. Pfahler, Case: 21CHCV00189, Date: 2023-04-13 Tentative Ruling

Case Number: 21CHCV00189    Hearing Date: April 13, 2023    Dept: F49

Dept. F-49

Date: 4-13-23

Case: 21CHCV00189

DEMURRER

MOVING PARTY: Defendant, GG&C 1, LLC, et al.

RESPONDING PARTY: Unopposed/ Plaintiff, Duda Adams

RELIEF REQUESTED

Demurrer to the First Amended Complaint

·         8^th Cause of Action: Quiet Title

BACKGROUND

On March 10, 2021, Plaintiff/Judgment Creditor Duda Adams filed a complaint for forcible detainer, wrongful eviction, intentional infliction of emotional distress, and negligent infliction of emotional distress. On August 16, 2021, Adams filed a verified first amended complaint for forcible detainer, wrongful eviction, intentional infliction of emotional distress, negligent infliction of emotional distress, restitution, conversion, loss of prospective economic advantage, quiet, declaratory relief, constructive trust, and adverse possession. Adams filed a notice of lis pendens on August 16, 2021 as well.

On March 15, 2022, the court entered a default judgment in favor of Adams for $1,830,723. The court also entered judgment “Quieting Title in the property located at 18834 Devonshire St., Northridge…in Plaintiff’s name...” On December 30, 2022, the court vacated the default judgment in its entirety.

RULING: Sustained with Leave to Amend.

Defendants GG&C 1, LLC, and David Adams submit a demurrer to the eighth cause of action in the first amended complaint for quiet title. Defendants challenge the lack of a specified basis for the claim, as required under Code of Civil Procedure section 761.020. Plaintiff submits a notice of non-opposition and requests leave to amend.

The court sustains the demurer to the first amended complaint with leave to amend. The court acknowledges the attached proposed second amended complaint attached to the opposition, and orders Plaintiff to separately file said pleading within 10 days of this order.

Defendants to provide notice of the order.