Motion for Judgment on the Pleadings
PR0001276 IN THE MATTER OF BEZHAD MOHIT-LINDA SOFIA VELA REVOCABLE TRUST
1. Motion for Judgment on the Pleadings, filed by Linda Sofia Vela on 12/30/25.
2. Status Conference – Mediation.
Ruling. The parties are ordered to appear for status and further setting. Petitioner Linda Sofia Vela’s (“Petitioner”) motion for judgment on the pleadings is DENIED as set forth below.
BACKGROUND This is a property dispute between a former romantic couple. According to the petition, real property located at 1455 Ocean Beach Avenue, Unit 1611, South Beach, Florida (“South Beach Property”) was held in the Behzad Mohit-Linda Sofia Vela Revocable Trust, executed by her former partner Behzad Mohit (“Decedent”) on March 29, 2012 (“Trust”). Petitioner is the Trustee of said Trust. Initially, the Trust provided that upon Decedent’s death, all assets were to be distributed outright to Petitioner; with that caveat that if Petitioner were to liquidate any property held in the Trust, any net proceeds over the amount of $1,000,000 were to be distributed to Decedent’s heirs.
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Petitioner alleges that during her relationship with Decedent she had relied on Decedent’s professional advice with regard to finances, including loans against real properties. As a result, when the couple broke up and Petitioner moved back to her own home, her mortgage had increased from $179,000 to $500,000.
On August 1, 2017, Decedent executed a First Amendment to Trust (“Amendment”) reducing the amount of distribution to Petitioner from $1,000,000 to $500,000. On that same day, Decedent wrote a check to Petitioner in the amount of $500,000, allegedly to pay off the mortgage. Petitioner remained as sole Trustee of the Trust, as amended.
Petitioner alleges that Decedent also executed a will in 2018, providing that all assets “other than what is needed to fulfill the existing living trust for Linda Vela, shall be equally divided between my daughters, Maryam Sedi Mohit and Juliet Mitra Mohit.” Decedent died on November 2, 2023, survived by two daughters Maryann Mohit and Juliet Mohit (“Respondents” and “Heirs”).
After Decedent’s death, Petitioner learned that the South Beach Property had been sold on December 1, 2021, for $950,000. Petitioner alleges that Respondents authorized the sale of the South Beach Property without Petitioner’s consent as Trustee. Petitioner further alleges that she has not received the distribution of $500,000 required by the Trust.
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Petitioner brings this action for construction of trust, ademption of specific gift, abatement of specific gift, recovery of Trust property, and enforcement of a testamentary promise. Among other relief, Petitioner requests double damages under Probate Code section 859. Respondents filed a response and objection (“Response”) on July 7, 2025. The Court now considers Petitioner’s motion for judgment on the pleadings.
LEGAL STANDARD A party may bring a statutory motion for judgment on the pleadings as to the entire complaint or any cause of action stated therein. (Code Civ. Proc., § 438, subd. (c)(2)(A).)
A plaintiff may move for judgment on the pleadings only after the defendant has filed an answer to the complaint and the plaintiff’s time to demur to the answer has expired. (Code Civ. Proc., § 438, subd. (f)(1).)
The sole ground on which a plaintiff’s motion for judgment on the pleadings may be brought is that “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc., § 438, subd. (c)(1)(A).)
Grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or from matters properly subject to judicial notice. (See Code. Civ. Proc., § 438, subd. (d).)
As on a demurrer, the pleading includes matters shown in exhibits attached to it or incorporated by reference. (Frantz v. Blackwell (1987) 189 Cal.App.3d 91, 94; Alameda County Waste Management Authority v. Waste Connections US, Inc. (2021) 67 Cal.App.5th 1162, 1173-74 [rules governing demurrers apply to motions for judgment on the pleadings except to the extent provided by statute].)
“[J]udgment on the pleadings must be denied where there are material factual issues that require evidentiary resolution.” (Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205, 1216.)
A motion for judgment on the pleadings may be granted with or without leave to amend. (Code Civ. Proc., § 438, subd. (h).)
If a demurrer is directed to the entire complaint, the entire demurrer must be overruled if any cause of action is properly stated. (Code Civ. Proc., § 430.50; Steams Ranchos Co. v. Atchison, T & S.F.Ry, (1971) 19 Cal.App.3d 24, 36.)
PLEASE NOTE: Probate cases that are designated as confidential by California law will not be posted online. For tentative rulings in those matters, please contact the judicial secretary at (415) 444- 7260. Page 5 | 14
DISCUSSION
Affirmative Defenses. The Response contains multiple affirmative defenses, including (but not limited to) waiver, unclean hands, and unjust enrichment. Petitioner’s brief does not acknowledge the existence of the Response’s affirmative defenses.
Because the Response contains affirmative defenses, Petitioner necessarily cannot establish that “the answer does not state facts sufficient to constitute a defense to the complaint” (Code Civ. Proc., § 438, subd. (c)(1)(A)) if they are completely silent as to the affirmative defenses.
Because of Petitioner’s failure to address the Response in its entirety, including the alleged affirmative defenses, the Court need not reach the merits of the Motion for Judgment on the Pleadings.