SARAH FLYNN VS. LUCKY MALONE STEWART ET AL
Case Information
Motion(s)
DEMURRER to CROSS COMPLAINT
Motion Type Tags
Demurrer
Parties
- Plaintiff: SARAH FLYNN
- Defendant: LUCKY MALONE STEWART
Ruling
On the Law & Motion/Discovery calendar for Tuesday, May 26, 2026, Line 7, 1. CROSS-DEFENDANTS SARAH FLYNN, MANAGING TRUSTEE, RUSSELL B. FLYNN 1990 REVOCABLE TRUST- ADMIN, SARA FLYNN, CHRIS DRESSEL, LEE FLYNN, FLYNN INVESTMENTS, MERIDIAN MANAGEMENT GROUP'S DEMURRER TO CROSS-COMPLAINT.
Cross-Defendants' demurrer is SUSTAINED IN PART AND OVERRULED IN PART. Cross-Defendants' demurrer under subdivision (g) is overruled as to the First, Second, Third and Tenth COAs. These COAs are based on a fiduciary relationship not necessarily a contract. This demurrer is sustained as to the Eighth COA. Cross-Defendants' demurrer to the Tenth COA fails. Leave to amend is denied as to the sixth cause of action. Leave to amend is granted as to the Fifth, Seventh, Eighth, Ninth and Eleventh COAs. Amended cross-complaint must be filed within 20 days of notice of this order. Cross-complainant Lucky Malone Stewart is admonished he is obligated to meet and confer. (The Court's complete tentative ruling was emailed to the parties.)
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |