Judge: Theodore R. Howard, Case: 21-1228385, Date: 2022-12-15 Tentative Ruling

The general demurrer of defendants C. Tucker Cheadle and C. Tucker Cheadle, a law corporation, to all three causes of action in the complaint of plaintiff Healing Word International is SUSTAINED WITHOUT LEAVE TO AMEND.

  The entire complaint and all three causes of action are defective because plaintiff lacks standing to bring this action. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute.  Code Civ. Proc. § 367.  A general demurrer lies where the plaintiff is not the real party in interest to a cause of action within the complaint.  Klopstock v. Superior Court (1941) 17 Cal.2d 13, 18-20.

The real party in interest is one who has an actual and substantial interest in the subject matter of the action and who would be benefitted or injured by the judgment in the action.  Friendly Village Community Association, Inc. v. Silva & Hill Construction Co. (1973) 31 Cal.App.3d 220, 225.  The real party has title to the action and the right to maintain the cause of action. Wanke, Industrial, Commercial, Residential, Inc. v. AV Builder Corp. (2020) 45 Cal.App.5th 466, 474.  

Where the plaintiff’s lack of standing appears either on the face of the complaint or from matters subject to judicial notice, the complaint is subject to general demurrer.  Carsten v. Psychology Examining Com.  (1980) 27 Cal.3d 793, 796. 

The documents for which judicial notice is requested show that the plaintiff bringing this action is not the true Healing World International that was formed in 10-02 and still exists as a religious corporation under California laws.  Rather, it is a different entity with the identical name that was formed in 1-17 by Boyd, who is a former officer and director of the true entity as well as a convicted felon.  Boyd does not have any authority to bring the action on behalf of the true entity. 

Perotin also lacks authority to bring any action on behalf of the true entity. 

The entire complaint and all three causes of action are defective because the matters encompassed therein have already been resolved through prior litigation in Colorado.  A complaint is defective and subject to general demurrer under the doctrine of res judicata if it appears from the pleadings or from documents that are judicially noticeable that the causes of action set forth in the pleading were already resolved through a final judgment in a prior action.  See Weil v. Barthel (1955) 45 Cal.2d 835, 847; Shine v. Williams-Sonoma, Inc. (2018) 23 Cal.App.5th 1070, 1076; Frommhagen v. Board of Supervisors (1987) 197 Cal.App.3d 1292, 1299.   

As discussed supra, the issue of who is entitled to the ownership and control of the true Healing Word entity and its assets was resolved through litigation in Colorado.  This is confirmed through the stipulated dismissal entered in the Colorado actions.  (See Exhibit 8 to RJN.)  The claims cannot be re-litigated in this action. 

Defendants’ requests for judicial notice are GRANTED.