Judge: Thomas Falls, Case: 22PSCV00580, Date: 2022-10-03 Tentative Ruling

Case Number: 22PSCV00580    Hearing Date: October 3, 2022    Dept: R

WENDY LIN vs BO SUN (22PSCV00580)

DEMURRER TO PLAINTIFF’S VERIFIED COMPLAINT

Responding Party: Plaintiff

Tentative Ruling

DEMURRER TO PLAINTIFF’S VERIFIED COMPLAINT is SUSTAINED with 30 days leave to amend.

Background

This is a quiet title action. One property at issue was deeded by court clerk's deed in 2007 in the matter entitled Lin v Sun, LASC Case No. 28 BC330493, with Plaintiff and Bo as co-equal tenants in common. Plaintiff was required to tender Sun the amount of $1,750,000 in exchange for a release and assignment of any and all rights of Sun to Plaintiff in other joint venture businesses located at other addresses. Plaintiff and Sun agreed that Plaintiff would transfer her share of the Monte Cristo Property and an additional warehouse property to Sun valued at $1,750,000 in exchange for a release and assignment of other ongoing businesses between them. There is another property at issue wherein “Plaintiff is informed and believe and thereon alleges that on or about November 17, 19 2010, Plaintiff transferred $520,000 to Sun as her share of the purchase price with the expectation that Plaintiff would be on title as a co-owner.” As to the last property at issue, “Plaintiff is informed and believe and thereon alleges that in October 2011, Plaintiff lent Sun this amount as a loan with no maturity date by writing two personal checks to Sun, which Sun used to purchase the property, but this loan has not been repaid and continues to accrue interest.”

On June 14, 2022, Plaintiff filed the complaint against BO SUN, an individual; ALL PERSONS UNKNOWN, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in this Complaint Adverse to Plaintiff’s title, or any Cloud upon Plaintiff’s Title Thereto; and DOES 1 through 20, inclusive for:

1.      Breach of Fiduciary

2.      Conversion

3.      Fraud

4.      Quiet Title

5.      Common County—Money Lent

On July 12, 2022, Plaintiff filed a Notice of Lis Pendens.

On August 24, 2022, Defendant filed the instant Demurrer.

On September 20, 2022, Plaintiff filed her Opposition.

On September 26, 2022, Defendant filed his Reply.

Discussion

The court grants the demurrer because quite frankly, the complaint is unintelligible. The complaint contains inappropriate sexist stereotypes, has failed to allege any facts to support the causes of action, rather the entirety of the complaint is based on information and belief. The court does grant the Plaintiff 45 days to amend the complaint and does instruct the Plaintiff to file with specificity the facts that support each cause of action.