Judge: Stephen P. Pfahler, Case: 24STCV04571, Date: 2024-08-27 Tentative Ruling
Case Number: 24STCV04571 Hearing Date: August 27, 2024 Dept: 68
Dept.
68
Date:
8-27-24
Case
#24STCV04571
Trial
Date: Not Set/Not At Issue
DEMURRER
MOVING
PARTY: Defendant, Reliant Real Estate Management, Inc.
RESPONDING
PARTY: Plaintiffs, Desai, et al.
RELIEF
REQUESTED
Demurrer
to the Complaint
·
1st
Cause of Action: Violations of the Investigative Consumer Reporting Agencies
Act (“ICRAA”), Cal. Civ. Code § 1786, et seq.
·
2nd
Cause of Action: Invasion of Privacy
·
3rd
Cause of Action: Declaratory Relief
Joinder
of Reliant Real Estate Management, Inc. and Tribeca MDR Management, LLC
SUMMARY
OF ACTION
On February 23, 2024, Plaintiffs filed a complaint for 1.
Violations of the Investigative Consumer Reporting Agencies Act (“ICRAA”), Cal.
Civ. Code §§ 1786, et seq. 2. Invasion of Privacy, and 3. Declaratory Relief.
On May 13, 2024, a request for dismissal of Alondra Moreno
Lopez, Olivia Young, Dennis Young, Cesar Barraza, Ying Luan and Krista Parry,
was filed. On May 20, 2024, a dismissal of Eleanore Ryan. Madison Kim, Daniela
Kim. Tico Baloyan, Jessica Jayson, Jackson Lloyd, Scott Barlow, Christopher
Dziubak, Morgan Callahan, was filed. On May 21, 2024, a dismissal of Madison
Kim and Daniela Block was filed. On June 3, 2024, a dismissal of Tribeca MDR
Management, LLC was filed.
RULING: Sustained without
Leave to Amend.
Requests
for Judicial Notice: Granted.
Defendant,
Reliant Real Estate Management, Inc. submits a
demurrer to the complaint on grounds of other pending actions, and failure to
allege a claim for invasion of privacy. Plaintiffs present NO SUBSTANTIVE
OPPOSITION to the demurrer regarding the other pending action(s) and only
addresses the invasion of privacy action. Defendant in reply notes the lack of
opposition to the main argument regarding previously filed other actions
pending, and thereby contends Plaintiffs waived any such challenge. Defendant
offers a response to the deficiencies of the complaint itself as well.
The
complaint in the instant action lists the following plaintiffs: Regina Walker,
Angel Weber, Alondra Moreno Lopez, Sylvia Ramirez, Matthew Ramirez, Mark
Warburg, Prentice Morris, Kaeden Hoff, Olivia Young, Dennis Young, Cesar
Barraza, Eleanore Ryan, Madison Kim, Daniela Block, Tico Baloyan, Jessica
Jayson, Jackson Lloyd, Scott Barlow, Leonel Sanchez, Ying Luan, Sahil Desai,
Arnold Baek, Christopher Dziubak, Morgan Callahan, Ashley Carrell, Angelica
Herrador, Anthony Estrada, Rachel Bird, Felix Alonzo, Krista Parry, Tiffany
Coffman, Jaime Castaneda And Adriel Sanders. In May, the following plaintiffs
were dismissed: Alondra Moreno Lopez, Olivia Young, Dennis Young, Cesar
Barraza, Ying Luan and Krista Parry, was filed. On May 20, 2024, a dismissal of
Eleanore Ryan. Madison Kim, Daniela Kim. Tico Baloyan, Jessica Jayson, Jackson
Lloyd, Scott Barlow, Christopher Dziubak, Morgan Callahan, was filed. On May
21, 2024, a dismissal of Madison Kim and Daniela Block.
This
leaves Regina Walker, Angel Weber, Sylvia Ramirez, Matthew Ramirez, Mark
Warburg, Prentice Morris, Kaeden Hoff, Leonel Sanchez, Sahil Desai, Arnold
Baek, Ashley Carrell, Angelica Herrador, Anthony Estrada, Rachel Bird, Felix
Alonzo, Tiffany Coffman, Jaime Castaneda and Adriel Sanders within the instant
action.
A
court may sustain a demurrer on grounds of abatement, where “There is another
action pending between the same parties on the same cause of action.” (Code
Civ. Proc., 430.10, subd. (c).) The court shows at least two other actions
filed by the same counsel with many if not all of the same Plaintiffs named in
the instant action against the same parties. Both cases, 22STCV29738 and
23STCV26668, were transferred to Orange County Superior Court on January 30,
2024, and February 15, 2024.
Plaintiffs
are clearly forum shopping. The court
disallows such practices and therefore sustains the demurrer without leave to
amend. The court therefore sustains the demurrer without leave to amend on
grounds of abatement due to other previously filed pending actions. (Code Civ.
Proc., 430.10, subd. (c).) Plaintiffs may join any and all Plaintiffs
identified in the subject action and potentially not part of either Orange
County case, as necessary.
Defendant to submit a judgment.
Defendant to give notice.