TIHELE WALKOWSKY vs DAVID ALBANESE, et al.
Defendant David Albanese’s Demurrer to and Motion to Strike Portions of the First Amended Complaint; Defendant Maria Hernandez’s Demurrer to and Motion to Strike Portions of the First Amended Complaint
Motion type
Causes of action
Parties
Ruling
2025CUBC051510: TIHELE WALKOWSKY vs DAVID ALBANESE, et al. 05/26/2026 in Department 43 Demurrer to Plaintiff's First Amended Complaint by David Albanese
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Motions:
1. Defendant David Albaneses Demurrer to and Motion to Strike Portions of the First Amended Complaint
2025CUBC051510: TIHELE WALKOWSKY vs DAVID ALBANESE, et al.
2. Defendant Maria Hernandezs Demurrer to and Motion to Strike Portions of the First Amended Complaint
Tentative Ruling (applies to both parties motions): The demurrer to the first cause of action is overruled. All the elements are sufficiently alleged.
The demurrer to the second cause of action is sustained with leave to amend. Damages are alleged as general unpaid debt and not specific identifiable funds.
The demurrer to the third cause of action is sustained with leave to amend. The third cause of action lacks the required specificity for a fraud cause of action.
The demurrers to the fourth and fifth causes of action are sustained with leave to amend. An express agreement is alleged but there are no allegations that the agreement is invalid or that the causes of action are pled in the alternative.
The demurrer to the sixth cause of action is sustained with leave to amend. There are no allegations to support a cause of action for accounting.
The demurrer to the eighth cause of action is sustained with leave to amend. There are no allegations that the public was deceived. The allegations only address a transaction between the parties.
The motion to strike is moot as to the foregoing causes of action and it is denied on that basis for those portions of the First Amended Complaint, except as stated below.
The motion to strike as to the references of punitive damages for the breach of contract and breach of implied covenant (first and sixth) causes of action is granted. These defects cannot be cured, so leave to amend is denied. The motion
Plaintiff does not provide a legal basis for an award of attorneys fees. The motion to strike as to the prayer for attorneys fees is granted, with leave to amend if a legal basis can be plead.
Plaintiff is granted leave to file an amended complaint on or before June 18, 2026.
Moving parties are ordered to serve notice of the Courts ruling.
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