Judge: Stephen P. Pfahler, Case: 22CHCV00415, Date: 2022-09-27 Tentative Ruling

Case Number: 22CHCV00415    Hearing Date: September 27, 2022    Dept: F49

Dept. F-49

Date: 9-27-22

Case #22CHCV00415

Trial Date: Not Set

DEMURRER

MOVING PARTY: Defendant, Federal National Mortgage Association

RESPONDING PARTY: Plaintiff, Dominic Barbar, pro per

RELIEF REQUESTED

Demurrer to the Complaint

·         1^st Cause of Action: Conversion

·         2^nd Cause of Action: Breach of Covenant of Good Faith and Fair Dealing

·         3^rd Cause of Action: Breach of Covenant of Quiet Enjoyment of Premises

·         4^th Cause of Action: Trespass

·         5^th Cause of Action: Nuisance

·         6^th Cause of Action: Intentional Infliction of Emotional Distress

·         7^th Cause of Action: Negligent Infliction of Emotional Distress

·         8^th Cause of Action: Negligence

·         9^th Cause of Action: Fraud

·         10^th Cause of Action: Fraud

Motion to Strike Allegations in Support of, and Claim for, Punitive Damages

SUMMARY OF ACTION

On May 24, 2021, plaintiff Dominic Barbar entered into a one year lease with third party Ehsan Yaghoubi for certain real property located at 2551 Schubert St., unit F, Stevenson Ranch. On March 31, 2022, a trustee sale occurred for the premises, which led to the recording of the Trustees Deed upon Sale on April 4, 2022. Defendant Federal National Mortgage Association (“Fannie Mae”) acquired the property in the sale.

Following the sale, on May 4, 2022 and May 19, 2022, Fannie Mae served a notice of intent to evict Barbar and a notice to vacate the premises. While the lease was set to expire on May 23, 2022, Plaintiff alleges discussing an impending business trip out of the country with an expected return date on May 24, 2022 with Raquel Magro, an agent for defendant Pinnacle Estate Properties, Inc. (Pinnacle). Plaintiff requested additional time for an unspecified purpose.

Plaintiff maintains that said notice to the real estate agent rendered the subsequent “lockout” of the premises (e.g. changed locks), completed without a court or Los Angeles County Sheriff order, constituted an “illegal” act by Pinnacle. During an unspecified period before Plaintiff returned to the United States and after the lockout, Plaintiff alleges missing property, specifically $125,000 in cash and/or other “personal property” were removed from the premises while Pinnacle showed potential investors/buyers the property. Plaintiff’s son also attempted to retrieve the property, but was denied access. Plaintiff alleges the filing of a sheriff’s for both the “illegal” lockout and missing property.

On June 8, 2022, Plaintiff filed a complaint for Conversion, Breach of Covenant of Good Faith and Fair Dealing, Breach of Covenant of Quiet Enjoyment of Premises, Trespass, Nuisance, Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, Negligence, and Fraud (twice).

RULING

Demurrer: Sustained with Leave to Amend.

Defendant Federal National Mortgage Association (“Fannie Mae”) brings the subject demurrer to the entire complaint on grounds of insufficient facts and/or legal basis of support for the individual causes of action. Defendant responds to the individual arguments in support of arguments that each and every cause of actin is well pled. Defendant in reply reiterates the arguments to the individual causes of action.

Notwithstanding the opposition, Plaintiff filed a first amended complaint on September 19, 2022. Because the first amended complaint was filed after the opposition due date, the court sustains the demurrer on the complaint, and deems the first amended complaint filed. (Code Civ. Proc., § 472.)

The demurrer of Pinnacle Estate Properties and Raquel Magro set for September 29, 2022 is moot, and therefore taken off-calendar.

Defendant to provide notice to ALL parties.