Motion
7 Jones – Trust; 30- 2026-01559861
8 Boudakian – Conservatorship; 30-2024-01385950
Ueberroth – Trust; 30-2025-01472222
Stipulation and Order signed 06/09/2026. Motion moot. 10 Baker – Trust; 30-2025-01487809
Demurrer and Motion to Strike
The Demurrer by Cynthia K. Baker-Fox to Jennifer Lynn Baker’s Amended Petition (ROA 27) is OVERRULED.
Cynthia K. Baker-Fox’s Motion to Strike Portions of the Amended Petition of Jennifer Lynn Baker (ROA 26) is DENIED.
I. DEMURRER (ROA 26)
Cynthia K. Baker-Fox (Cynthia) demurs to Jennifer Lynn Baker’s Amended (1) Petition for Trust Accountings [PCs 16060-s[sic]16062]; (2) Petition for Invalidation & Reversal of Trust Amendments an & Return of Assets [PCs 1600.5, PCs 6112 & PCs 850]; (3) Petition for Breach of Fiduciary Duty [PCs 16002-s 16015]; (4) Petition for Compensatory & Double Damages [PCs 859]; (5) Petition for Surcharge & Other Relief [PCs 17000 et seq.]; (6) Petition for Punitive Damages [Civil Code 3294] on the ground that each cause of action fails to state sufficient facts and is uncertain. Cynthia also demurs to each cause of action on the ground that the court lacks jurisdiction over any of the claims because venue is proper in San Bernadino County. Each of those grounds is addressed below.
Failure to state sufficient facts. “To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged.” (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) As explained by the California Supreme Court: “The complaint in a civil action serves a variety of purposes [citation], of which two are relevant here: it serves to frame and limit the issues [citation] and to apprise the defendant of the basis upon which the plaintiff is seeking recovery [citations]. In fulfilling this function, the complaint should set forth the ultimate facts constituting the cause of action, not the evidence by which plaintiff proposes to prove those
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