TURNER-RILEY, et al. vs AELAYA, et al.

25CV143658: TURNER-RILEY, et al. vs AELAYA, et al. 07/29/2026 Hearing on Motion to Strike of Defendants Agentdesks Incorporated dba Rise Group Real Estate, Roger Zelaya, Richard Szerman and Christopher Strange to Amended Complaint; filed by Roger Aelaya (Defendant) + CRS# 117825418420 in Department 19

Tentative Ruling - 07/27/2026 Joscelyn Jones

The Motion to Strike (not initial pleading) on Motion to Strike as to Plaintiffs' Amended Complaint on Behalf of Defendants Agentdesks Incorporated dba Rise Group Real Estate, Roger Zelaya, Richard Szerman and Christopher Strange filed by Rise Group Real Estate, Christopher Strange, Richard Szerman, Radius Agent Realty, Roger Aelaya on 02/06/2026 is Granted.

The Court rules as follows on the Motion to Strike (portions of) Plaintiffs’ Second Amended Complaint (filed December 16, 2025) by Defendants Agentsdesks Incorporated dba Rise Group Real Estate (erroneously sued as Radius Agent Realty and Rise Group Real Estate), Roger Zelaya (erroneously sued as Roger Aelaya), Richard Szerman, and Christopher Strange (collectively, “Agentsdesks”):

The motion is GRANTED as to Plaintiffs’ claims for punitive damages, WITH LEAVE TO AMEND if Plaintiffs can adequately allege facts in support of their causes of action for breach of fiduciary duty and fraud/misrepresentation.

The motion is GRANTED, WITHOUT LEAVE TO AMEND as to (1) Plaintiffs’ claims for attorneys’ fees, and (2) the Seventh Cause of Action for “Alternative Equitable Remedies”, as unopposed. (See Opposition brief, pages 5-6.) This order does not preclude Plaintiffs from incorporating the requested equitable remedies in the prayer for relief, if appropriate.