Judge: Stephen P. Pfahler, Case: 22CHCV00178, Date: 2022-09-01 Tentative Ruling
Case Number: 22CHCV00178 Hearing Date: September 1, 2022 Dept: F49
Dept.
F-49
Date:
8-31-22
Case
#22CHCV00178
Trial
Date: Not Set
DEMURRER
MOVING
PARTY: Defendant, Patrick Booker[1]
RESPONDING PARTY: Plaintiff, Don Khalighi,
et al.
RELIEF
REQUESTED
Demurrer
to the Complaint
·
1st
Cause of Action: Breach of Contract
·
2nd
Cause of Action: Negligence
·
3rd
Cause of Action: Embezzlement
·
4th
Cause of Action: Fraud
·
6th
Cause of Action: Declaratory Relief
SUMMARY
OF ACTION
Plaintiffs
Don and Armenouhi Khalighi are homeowners within a real estate development
governed by Quail Ranch Estates HOA, Inc. (HOA). Pursuant to “Articles and
Bylaws,” the HOA collected $150/month in assessments for the benefit of
participating homeowners. Plaintiffs alleges the individual defendant officers
comprising the HOA board violated “respective fiduciary duties,” due to their
failure to pay annual fees to the State of California, thereby leading to the
suspension of the HOA as a corporate entity; failed to hold required meetings;
failed to inform homeowner members regarding “various contracts” for common
area maintenance and landscaping; failed to provide adequate financial records
upon demand of Plaintiffs; and, authorized improper expenditures and
withdrawals without apparent board and/or homeowner approval.
On
March 17, 2022, Plaintiffs filed their complaint for Breach of Contract,
Negligence, Embezzlement, Fraud, Accounting and Declaratory Relief. On July 11, 2022,
Defendant Michael Morrell answered the complaint.
On
August 2, 2022, the court sustained the demurrer of Quail Ranch Estates HOA,
Inc. with 30 days leave to amend. On August 24, 2022, the court sustained the
demurrer of Tammy Booker to the fraud and embezzlement causes of action. On
August 24, 2022, Plaintiff also filed a first amended complaint.
RULING: Moot/Off-Calendar
Defendant Patrick Booker brings
the subject demurrer to the breach of contract, negligence, and declaratory
relief causes of action. Given the filing of the first amended complaint, the
subject demurrer is now moot. The demurrer is therefore taken off-calendar.
Case Management Conference set for
September 20, 2022.
Defendant
to give notice.