| Case | County / Judge | Motion | Ruling | Date |
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Defendant's demurrer
Starbuck. The following documents are properly submitted: Civil Form MC-051 “Notice of Motion and Motion to be Relieved as Counsel,” Civil Form MC-052 “Declaration in Support of Attorney’s Motion to be Relieved as Counsel,” and Civil Form MC-053 “Order Granting Attorney’s Motion to be Relieved as Counsel.” The motion is GRANTED. It is so ordered. Dated: May, 2026 Hon. Jon R. Takasugi Judge of the Superior Court
Parties who intend to submit on this tentative must send an email to the court at [email protected] by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If all parties to a motion submit, the court will adopt this tentative as the final order. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. For more information, please contact the court clerk at (213) 633-0517.
County of Los Angeles DEPARTMENT 17
TARAYA GILL vs. TORY A. MCLAURIN, et al. Case No.: 25STCV28375 Hearing Date: May 18, 2026 Defendant’s demurrer is SUSTAINED, WITH 15 DAYS LEAVE TO AMEND.
On 9/29/2025, Plaintiff Taraya Gill (Plaintiff) filed suit against Tory McLaurin and Lisa Gill, alleging partition of real property. On 4/1/2025, Defendant Tory A. McLaurin (Defendant) demurred to Plaintiff’s Complaint. The motion is unopposed.
Discussion
Defendant argues that Plaintiff’s Complaint is defective for misjoinder of parties. More specifically, the Complaint’s own attached preliminary title report identifies recorded interests that were not joined in this partition action, including the interests reflected in the name of Gloria Palmer and the recorded interests of LoanDepot.com, LLC, Alaska USA Federal Credit Union, and Sunnova TE Management LLC.
A partition plaintiff must join all persons “having or claiming interests of record’ in the estate to be partitioned. (Code Civ. Proc. (CCP) § 872.510.) The statute does not limit joinder to titleholders alone. When the complaint itself discloses record interests that have not been joined, the pleading is defective on its face and subject to demurrer under CCP section 430.10, subdivision (d).
The Court takes Plaintiff’s non-opposition to be a concession to the motion on the merits. Based on the foregoing, Defendants’ demurrer is sustained, with 15 days leave to amend. It is so ordered. Dated: May, 2026 Hon. Jon R. Takasugi Judge of the Superior Court
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Parties who intend to submit on this tentative must send an email to the court at [email protected] by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If all parties to a motion submit, the court will adopt this tentative as the final order. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. For more information, please contact the court clerk at (213) 633-0517. Home -->)" -->