Bays Apartments Newport LLC vs. Almataev
Motion to Strike; Demurrer
Motion type
Parties
Ruling
As such, the Court orders the Defendant to file an Answer within 3 calendar days.
Plaintiff is ordered to provide notice of the Court’s ruling.
Discovery Motions The Court has read and considered the Plaintiff’s Motion to Compel Production of Documents, Set One, and Request for Monetary Sanctions Against Javier Rios (ROA 39), Motion to Compel Responses to Interrogatories and Request for Monetary Sanctions Against Javier Rios (ROA 32), and Motion for Order Deeming Matters Admitted and Request for Monetary Sanctions Against Javier Rios (ROA 26).
The Plaintiff's Motion to Compel Responses to Interrogatories is GRANTED. Defendant is hereby ordered to serve full and complete verified responses, without objection to the Request for Interrogatories, within 5 days of service of notice hereto.
IT IS ORDERED that the Plaintiff's Motion for Order Deeming Matters Admitted be and hereby is granted and that the truth of all specified matters, and the genuineness of all specified documents, in the Requests for Admissions, propounded by Plaintiff and served on Defendant on July 2, 2026, be deemed admitted.
The Plaintiff's Motion to Compel Production of Documents is GRANTED. Defendant is hereby ordered to serve full and complete verified responses, without objection to Plaintiff’s Request for Production of Documents, within 5 days of service of notice hereto.
The Court orders Defendant, Javier Rios, to pay sanctions in the amount of $555 to Plaintiff forthwith. This sum shall be made payable to "Law Offices of Sam Chandra, APC" within 5 business days and shall be delivered to 710 S. Myrtle Ave. #600, Monrovia, CA 91016.
Plaintiff is ordered to provide notice of the Court’s ruling.
13 30-2026-01578705 Defendant’s Counsel filed a request to withdraw the Motion for Attorney’s VAOC Newport Plaza, Fees (ROA 35 & 41). LP vs. Tate The Court vacates the hearing dates of August 28, 2026 and September 11, 2026, regarding the respective Motion for Attorney’s Fees.
14 30-2026-01590619 The Court has read and considered the Defendant, Eldiiar Almataev’s Motion Bays Apartments to Strike Complaint (ROA 8) and the Complaint (ROA 2). Newport LLC vs. Almataev The Defendant entitled the Motion a “Motion to Strike” but in the body of the document refers to it as a demurrer, and the proof of service for the Motion says on 8/21/2026 “Notice of Demurrer and Demurrer to Complaint” was served on the Plaintiff.
The Court DENIES the Defendant’s Motion to Strike the request for attorney’s fees as an improper damages request. The Court OVERRULES the Demurrer.
The Defendant is ordered to file an Answer within 5 calendar days.
The Plaintiff is ordered to serve notice of the Court’s ruling. 15 30-2026-01582151 Motion to Dismiss is off calendar. Motion was ruled on 8/5/2026 by the 12575 9th Street, L P. Court. Court trial is set for 9/8/2026 at 8:30 AM. vs. Flores 16 30-2026-01587925 The Court has read and considered the Defendant’s Demurrer (ROA 19), the The Irvine Company Complaint (ROA 2), and the Proofs of Service of Summons (ROA 8, 10, & LLC vs. Odooli 12).
The Court OVERRULES the Demurrer. The Defendants are ordered to file an Answer within 5 calendar days.
The Plaintiff is ordered to provide notice of the Court’s ruling.
17 30-2026-01589113 The Court has read and considered the Defendant’s Demurrer to Complaint South Spinnaker, LLC (ROA 10) and the Complaint (ROA 2). vs. Carter The Court SUSTAINS the Demurrer with leave to amend on the grounds that the Plaintiff or its agent signs no verification. Plaintiff’s counsel signs page 4 of the UD-100 form, but the signature line for Plaintiff is blank; and page 9 of ROA 2, entitled “Verification,” lists Alicia Garrett as the property manager, but the signature line is also blank. Plaintiff is ordered to file an amended complaint within 5 business days.
The Court Clerk is ordered to provide notice of the Court’s ruling.
18 30-2026-01569741 The Court has read and considered the Defendant’s Demurrer to the Revxpros, Inc. vs. Complaint (ROA 26) and the Complaint (ROA 2). Hassas When a party files a demurrer, the Court looks at the facial sufficiency of the complaint and attachments only and cannot consider extrinsic evidence. The Court must assume that the statements contained within the Complaint are true in determining facial sufficiency. As such, the Court OVERRULES the Defendant’s demurrer.
The Defendant is ordered to file an Answer within 5 calendar days.
The Plaintiff is ordered to provide notice of the Court’s ruling. 20 30-2026-01583181 The Court has read and considered the Defendant’s Motion to Dismiss (ROA Leon Shu Yau As 10). Trustee Of The Leon Shu Yao & Kieu Hue The Court takes Judicial Notice of the Complaint (ROA 2) and Proof of Ly Revocable Trust Service of Summons (ROA 7). vs. Young A Motion to Dismiss is an improper responsive pleading after service of a complaint in an unlawful detainer action. Pursuant to California Code of Civil
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