Demurrer & Motion to Strike (Judge Nathan Scott)


Motion #1:? Cardinal Property Demurrer

Defendants Cardinal Property Management, Showcase Villa Owners Association No. 3 dba Bishop Place Homeowners Assoc., Thao Tran, Phuong Hoang, Carol Hagberg and Jonathan Morgan?s demurrer to the 1st through 5th, 8th, and 9th causes of action of the second amended complaint (SAC) is SUSTAINED WITHOUT LEAVE TO AMEND.

1st cause of action, abatement.? Plaintiff fails to allege standing to assert this claim.? (See Martin v. Bridgeport Community Ass?n, Inc. (2009) 173 Cal.App.4th 1024, 1038 (Martin).)? She alleges she is not the property owner.? (SAC ?? 5, 18.)? Plaintiff failed to obtain leave of court to assert this claim against individual board members.? (Code Civ. Proc., ? 425.15, subd. (a).)

2nd cause of action, promissory estoppel.? Plaintiff fails to allege sufficient facts to state this claim.? Plaintiff fails to allege ??a promise clear and unambiguous in its terms.??? (Granadino v. Wells Fargo Bank, N.A. (2015) 236 Cal.App.4th 411, 416.)

3rd cause of action, nuisance.? Plaintiff fails to allege standing to assert this claim.? (See Martin, supra, 173 Cal.App.4th at p. 1038.)? She alleges she isnot the property owner.? (SAC ?? 5, 18.)? Plaintiff failed to obtain leave of court to assert this claim against individual board members.? (Code Civ. Proc., ? 425.15, subd. (a).)

4th cause of action, quiet enjoyment.? Plaintiff fails to allege facts stating this claim.? She alleges her parents are the property owner and does not allege a lease with any defendant.? (See SAC ?? 5, 18; see also Martin, supra, 173 Cal.App.4th at p. 1038; Avalon Pacific-Santa Ana, L.P. v. HD Supply Repair & Remodel, LLC, (2011) 192 Cal. App. 4th 1183, 1190-1191.)? Plaintiff failed to obtain leave of court to assert this claim against individual board members.? (Code Civ. Proc., ? 425.15, subd. (a).)

5th cause of action, breach of implied covenant. Plaintiff fails to allege facts stating this claim.? She alleges she is not the property owner and does not allege any underlying contract with any defendant.? (See SAC ?? 5, 18; see also Martin, supra, 173 Cal.App.4th at p. 1038; Molecular Analytical Systems v. Ciphergen Biosystems, Inc. (2010) 186 Cal.App.4th 696, 712.)? Plaintiff failed to obtain leave of court to assert this claim against individual board members.? (Code Civ. Proc., ? 425.15, subd. (a).)

 

8th cause of action, intentional infliction of emotional distress. Plaintiff fails to state this cause of action.? She fails to allege ?outrageous? conduct ?so extreme as to exceed all bounds of that usually tolerated in a civilized society.?? (Davidson v. City of Westminster (1982) 32 Cal.3d 197, 209.)? Nor does she allege facts showing she suffered ?distress . . . so severe that no reasonable man could be expected to endure it.?? (Fletcher v. Western Life Insurance Co. (1970) 10 Cal.App.3d 376, 397.)

 

9th cause of action, monetary damages.? This is a prayer for relief, not a cause of action.? Plaintiff fails to allege any underlying cause of action to support the requested relief.

 

Plaintiff fails to meet her burden of proving a reasonable possibility that her pleading defects can be cured by amendment.? (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318.)? This was her third attempt to state viable claims.

 

Cardinal Property defendants shall give notice.

 

Motion #2:? Cardinal Property Motion to Strike

Defendants Cardinal Property Management, Showcase Villa Owners Association No. 3 dba Bishop Place Homeowners Assoc., Thao Tran, Phuong Hoang, Carol Hagberg and Jonathan Morgan?s motion to strike portions of the second amended complaint (SAC) is DENIED as moot given the ruling sustaining their demurrer without leave to amend.

 

Cardinal Property defendants shall give notice.

 

Motion #3:? Mohammed Demurrer

Defendants Yawer Mohammed and Yawer Ali Mohammed?s demurrer to the 1st through 5th, 8th, and 9th causes of action of the second amended complaint (SAC) is SUSTAINED WITHOUT LEAVE TO AMEND.

 

1st cause of action, abatement.? Plaintiff fails to allege facts stating this claim.? She alleges no ?unreasonable, unwarranted or unlawful use? of property by these defendants that interfered with her rights.? (Wolford v. Thomas (1987) 190 Cal.App.3d 347, 358.)? She alleges no property or contractual right.? (See SAC ?? 5, 18.)

 

2nd cause of action, promissory estoppel.? Plaintiff fails to allege sufficient facts to state this claim.? Plaintiff fails to allege ??a promise clear and unambiguous in its terms.??? (Granadino v. Wells Fargo Bank, N.A. (2015) 236 Cal.App.4th 411, 416.)

 

3rd cause of action, nuisance.? Plaintiff fails to allege facts stating this claim.? She alleges no ?unreasonable, unwarranted or unlawful use? of property by these defendants that interfered with her rights.? (Wolford v. Thomas (1987) 190 Cal.App.3d 347, 358.) She alleges no property or contractual right.? (See SAC ?? 5, 18.)

 

4th cause of action, quiet enjoyment.? Plaintiff fails to allege facts stating this claim.? She alleges her parents are the property owner and does not allege a lease with any defendant.? (See SAC ?? 5, 18; see also Avalon Pacific-Santa Ana, L.P. v. HD Supply Repair & Remodel, LLC, (2011) 192 Cal. App. 4th 1183, 1190-1191.)

 

5th cause of action, breach of implied covenant. Plaintiff fails to allege facts stating this claim.? She alleges she is not the property owner and does not allege any underlying contract with any defendant.? (See SAC ?? 5, 18; see also Molecular Analytical Systems v. Ciphergen Biosystems, Inc. (2010) 186 Cal.App.4th 696, 712.)

 

8th cause of action, intentional infliction of emotional distress. Plaintiff fails to state this cause of action.? She fails to allege ?outrageous? conduct ?so extreme as to exceed all bounds of that usually tolerated in a civilized society.?? (Davidson v. City of Westminster (1982) 32 Cal.3d 197, 209.)? Nor does she allege facts showing she suffered ?distress . . . so severe that no reasonable man could be expected to endure it.?? (Fletcher v. Western Life Insurance Co. (1970) 10 Cal.App.3d 376, 397.)

 

9th cause of action, monetary damages.? This is a prayer for relief, not a cause of action.? Plaintiff fails to allege any underlying cause of action to support the requested relief.

 

Plaintiff fails to meet her burden of proving a reasonable possibility that her pleading defects can be cured by amendment.? (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318.)? This was her third attempt to state viable claims.

 

Given the uncorrectable deficiencies and the amount of judicial resources already expended in this matter, the court reluctantly excuses defendants? failure to meet and confer.

 

Mohammed Defendants shall give notice.

 

Motion #4:? Mohammed Motion to Strike

Defendants Yawer Mohammed and Yawer Ali Mohammed?s motion to strike portions of the second amended complaint (SAC) is DENIED as moot given the ruling sustaining their demurrer without leave to amend.

 

Mohammed defendants shall give notice.