Amended Notice Of Special Demurrer And Special Demurrer To The Fourth Cause Of Action Of Plaintiffs' Complaint
Real Property/Housing Court Law and Motion Calendar for May 28, 2026. Line 1. DEFENDANT RONALD SOMERS, JOEL YANG Amended Notice Of Special Demurrer And Special Demurrer To The Fourth Cause Of Action Of Plaintiffs' Complaint is SUSTAINED WITH LEAVE TO AMEND.
The Court declines to resolve the dispute regarding interpretation of the governing documents or whether Section 12 constitutes a restraint on alienation, on demurrer.
With respect to the statute of limitations, the Court finds that to the extent Plaintiff seeks a declaration of judgement that Defendant violated Section 12 of the allegedly incorporated TIC agreement, that claim is barred by the Statute of Limitations. (Maguire v. Hibernia Sav. & Loan Soc'y (1944) 23 Cal. 2d 719.)
However, to the extent that Plaintiff seeks a declaration of rights -specifically, that Defendants must obtain unanimous consent before transferring ownership interest to their condominium unit and that they must comply with the right of first refusal, (Prayer for Relief, Nos. 4, 5), the claim is not barred. (United Pacific-Reliance Ins. Co. v. DiDomenico (1985) 173 Cal.App.3d 673, 667.)
Plaintiff is granted leave to amend to allege additional facts concerning accrual, tolling or the continuing nature of the dispute, as requested in the opposition. =(501/DWH)
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Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.
Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests.
A party may not argue at the hearing if the opposing party is not so notified, and the opposing party does not appear. | |
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