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30-2026-01590619·orange·Civil·Unlawful Detainer
Hearing todayMotion to Strike DENIED; Demurrer OVERRULED

Bays Apartments Newport LLC vs. Almataev

Motion to Strike; Demurrer

Hearing date
Aug 28, 2026
Department
C61
Prevailing
Plaintiff

Motion type

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Causes of action

Parties

PlaintiffBays Apartments Newport LLC
DefendantEldiiar Almataev

Ruling

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., Suite 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), the Proofs of Service of Summons (ROA 8, 10, & 12) LLC vs. Odooli and Plaintiff’s Opposition (ROA 30).

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