Judge: Thomas D. Long, Case: 23STCV17899, Date: 2023-12-05 Tentative Ruling

Case Number: 23STCV17899    Hearing Date: December 5, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On July 31, 2023, Plaintiff Melissa Penuela filed this action against Defendants Dennis Behdadnia, Eman Zokaeim, Jason Shamtoob, and California Accident Firm.  The Complaint seeks only declaratory relief about attorney liens in two other cases.

On October 31, 2023, Defendants filed a demurrer.

A demurrer for sufficiency tests whether the complaint states a cause of action.  (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.)  When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true.  (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.)

According to Defendants, “[t]he Complaint contains no factual allegations other than those related to jurisdiction and venue, and the case numbers of the Lawsuits,” and “Plaintiff is seeking a declaration that the liens do not exist but fails to make that allegation anywhere in the Complaint, and certainly fails to state any factual or legal grounds for the requested relief that the court declare the liens never existed.”  (Demurrer at p. 6.)

A person who desires a declaration of his or her rights or duties with respect to another may, in cases of actual controversy relating to the legal rights and duties of the respective parties, bring an action for a declaration of rights or duties, either alone or with other relief.  (Code Civ. Proc., § 1060.)  Plaintiff alleges that Defendants claim they have an attorney lien on all proceeds she may obtain from her two pending cases, Case Nos. 21STCV22094 and 22STCV24816.  (Complaint ¶ 8.)  Plaintiff disputes that Defendants have any liens, and she seeks “a judicial determination of her rights and duties, and a declaration as to whether the defendants have any lien from any proceeds from the plaintiff’s pending cases.”  (Complaint ¶¶ 8, 10.)  This sufficiently alleges facts about the actual controversy between the parties and the declaration of rights or duties that Plaintiff desires.

The demurrer is OVERRULED.  Defendants are ordered to file an answer within 10 days.  (California Rules of Court, rule 3.1320(j).)

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 5th day of December 2023