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This case was last updated from Los Angeles County Superior Courts on 04/17/2021 at 01:25:30 (UTC).

FREDERICK S HUMPHRIES III VS NAZ AFSHAR

Case Summary

On 12/04/2020 FREDERICK S HUMPHRIES III filed a Contract - Other Contract lawsuit against NAZ AFSHAR. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0152

  • Filing Date:

    12/04/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

HUMPHRIES III FREDERICK S

Defendant

AFSHAR NAZ

Attorney/Law Firm Details

Plaintiff Attorney

KELLENER JOSEPH WIND

Defendant Attorney

DUCEY MITCHELL F.

 

Court Documents

Minute Order - Minute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))

4/14/2021: Minute Order - Minute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))

Certificate of Mailing for - Certificate of Mailing for (Hearing on Demurrer - with Motion to Strike (CCP 430.10)) of 04/14/2021

4/14/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Demurrer - with Motion to Strike (CCP 430.10)) of 04/14/2021

Notice (name extension) - Notice DEFENDANT NAZ AFSHARS NOTICE OF PLAINTIFFS NON-SERVICE OF OPPOSITIONS TO DEMURRER AND MOTION TO STRIKE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MITCHELL

4/14/2021: Notice (name extension) - Notice DEFENDANT NAZ AFSHARS NOTICE OF PLAINTIFFS NON-SERVICE OF OPPOSITIONS TO DEMURRER AND MOTION TO STRIKE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MITCHELL

Notice of Ruling - Notice of Ruling

4/14/2021: Notice of Ruling - Notice of Ruling

Opposition (name extension) - Opposition to Motion to Strike

3/25/2021: Opposition (name extension) - Opposition to Motion to Strike

Opposition (name extension) - Opposition to Demurrer to Plaintiff's Complaint

3/25/2021: Opposition (name extension) - Opposition to Demurrer to Plaintiff's Complaint

Motion to Strike (not initial pleading) - Motion to Strike (not initial pleading)

3/8/2021: Motion to Strike (not initial pleading) - Motion to Strike (not initial pleading)

Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

3/8/2021: Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

Request for Judicial Notice - Request for Judicial Notice

3/8/2021: Request for Judicial Notice - Request for Judicial Notice

Proof of Personal Service - Proof of Personal Service

2/2/2021: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

12/4/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

12/4/2020: Complaint - Complaint

Summons - Summons on Complaint

12/4/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

12/4/2020: First Amended Standing Order - First Amended Standing Order

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

12/4/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

3 More Documents Available

 

Docket Entries

  • 04/14/2021
  • DocketNotice of Ruling; Filed by: Naz Afshar (Defendant)

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  • 04/14/2021
  • DocketNotice DEFENDANT NAZ AFSHAR?S NOTICE OF PLAINTIFF?S NON-SERVICE OF OPPOSITIONS TO DEMURRER AND MOTION TO STRIKE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MITCHELL F. DUCEY; Filed by: Naz Afshar (Defendant); As to: Frederick S Humphries III (Plaintiff)

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  • 04/14/2021
  • DocketMinute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))

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  • 04/14/2021
  • DocketCertificate of Mailing for (Hearing on Demurrer - with Motion to Strike (CCP 430.10)) of 04/14/2021; Filed by: Clerk

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  • 04/14/2021
  • DocketHearing on Demurrer - with Motion to Strike (CCP 430.10) scheduled for 04/14/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 04/14/2021; Result Type to Held

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  • 04/14/2021
  • DocketNon-Jury Trial scheduled for 06/03/2022 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 04/14/2021; Result Type to Not Held - Vacated by Court

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  • 04/14/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/08/2023 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 04/14/2021; Result Type to Not Held - Vacated by Court

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  • 03/25/2021
  • DocketOpposition to Demurrer to Plaintiff's Complaint; Filed by: Frederick S Humphries III (Plaintiff)

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  • 03/25/2021
  • DocketOpposition to Motion to Strike; Filed by: Frederick S Humphries III (Plaintiff)

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  • 03/09/2021
  • DocketHearing on Demurrer - with Motion to Strike (CCP 430.10) scheduled for 04/14/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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2 More Docket Entries
  • 03/08/2021
  • DocketRequest for Judicial Notice; Filed by: Naz Afshar (Defendant)

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  • 02/02/2021
  • DocketProof of Personal Service; Filed by: Frederick S Humphries III (Plaintiff); As to: Naz Afshar (Defendant); Service Date: 01/22/2021; Service Cost Waived: No

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  • 12/04/2020
  • DocketComplaint; Filed by: Frederick S Humphries III (Plaintiff); As to: Naz Afshar (Defendant)

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  • 12/04/2020
  • DocketSummons on Complaint; Issued and Filed by: Frederick S Humphries III (Plaintiff); As to: Naz Afshar (Defendant)

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  • 12/04/2020
  • DocketCivil Case Cover Sheet; Filed by: Frederick S Humphries III (Plaintiff); As to: Naz Afshar (Defendant)

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  • 12/04/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/04/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/04/2020
  • DocketNon-Jury Trial scheduled for 06/03/2022 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 12/04/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/08/2023 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 12/04/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC10152    Hearing Date: April 14, 2021    Dept: 25

HEARING DATE: Wed., April 14, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Humphries III v. Afshar COMPL. FILED: 12-04-20

CASE NUMBER: 20STLC10152 DISC. C/O: 05-04-22

NOTICE: OK DISC. MOT. C/O: 05-19-22

TRIAL DATE: 06-03-22

PROCEEDINGS: (1) DEMURRER TO PLAINTIFF’S COMPLAINT

(2) MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT

MOVING PARTY: Defendant Naz Afshar

RESP. PARTY: Plaintiff Frederick S. Humphries III

DEMURRER WITH MOTION TO STRIKE

(CCP §§ 430.10, et seq.; 435)

TENTATIVE RULING:

Defendant Naz Afshar’s Demurrer to Plaintiff’s Complaint and Motion to Strike are PLACED OFF CALENDAR.

Because this Court does not have jurisdiction to issue permanent injunctive relief as prayed for in the Complaint, the action is RECLASSIFIED as an unlimited jurisdiction case and is transferred to the transfer/reclassification desk for collection of fees and reassignment. Plaintiff is ordered to pay the reclassification fee within ten (10) days of notice of this order.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: Filed on March 25, 2021 [ ] Late [ ] None

REPLY: None filed as of April 12, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On December 4, 2020, Plaintiff Frederick S. Humphries III (“Plaintiff”) filed a Complaint alleging tortious breach of warranty of habitability, breach of the covenant of quiet enjoyment, nuisance, violation of Business and Professions Code section 17200, et seq., negligence, breach of contract, constructive eviction and intentional interference with estate, and violation of the Los Angeles Rent Stabilization Ordinance against Defendant Naz Afshar (“Defendant”).

Defendant filed the instant Demurrer to Plaintiff’s Complaint (the “Demurrer”) with Motion to Strike on March 8, 2021. Plaintiff filed an Opposition to the Demurrer and to the Motion to Strike on March 25, 2021. No reply brief has been filed.

  1. Legal Standard

“The primary function of a pleading is to give the other party notice so that it may prepare its

case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to

affect substantial rights.” (Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 240.)

“A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Ivanoff v. Bank of

America, N.A. (2017) 9 Cal.App.5th 719, 725.) The Court looks to whether “the complaint alleges

facts sufficient to state a cause of action or discloses a complete defense.” (Id.) The Court does not

“read passages from a complaint in isolation; in reviewing a ruling on a demurrer, we read the

complaint ‘as a whole and its parts in their context.’ [Citation.]” (West v. JPMorgan Chase Bank,

N.A. (2013) 214 Cal.App.4th 780, 804.) The Court “assume[s] the truth of the properly pleaded

factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of

which judicial notice has been taken.” (Harris, supra, 56 Cal.4th p. 240.) “The court does not,

however, assume the truth of contentions, deductions or conclusions of law. [Citation.]” (Durell v.

Sharp Healthcare (2010) 183 Cal.App.4th 1350, 1358.)

A general demurrer may be brought under Code of Civil Procedure section 430.10, subdivision (e) if insufficient facts are stated to support the cause of action asserted or under section 430.10, subdivision (a), where the court has no jurisdiction of the subject of the cause of action alleged in the pleading. All other grounds listed in Section 430.10, including uncertainty under subdivision (f), are special demurrers. Special demurrers are not allowed in limited jurisdiction courts. (Code Civ. Proc., § 92, subd. (c).)

Leave to amend must be allowed where there is a reasonable possibility of successful amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.) The burden is on the complainant to show the Court that a pleading can be amended successfully. (Id.)

Finally, Code of Civil Procedure section 430.41 requires that “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41, subd. (a).) The parties are to meet and confer at least five days before the date the responsive pleading is due. (Code Civ. Proc., § 430.41, subd. (a)(2).) Thereafter, the demurring party shall file and serve a declaration detailing their meet and confer efforts. (Code Civ. Proc., § 430.41, subd. (a)(3).)

  1. Discussion

Defendant demurs to Plaintiff’s fourth cause of action for violation of Business and Professions Code section 17200, et seq. and to Plaintiff’s seventh cause of action for constructive eviction and intentional interference with estate under Civil Code section 789.3. (Dem., p. 3.)

As an initial matter, the Court notes that Plaintiff seeks injunctive relief. (Compl., Prayer ¶ 2; Oppo., p. 5:10-15.) Specifically, injunctive relief is sought to prevent Defendant from further violations of the Business and Professions Code. (Dem., p. 5:10-15.) However, limited jurisdiction courts, such as this one, do not have the authority to issue permanent injunctive relief. (Code Civ. Proc., § 86, subd. (a)(8) [“An action to issue a temporary restraining order or preliminary injunction” is a limited civil case].) (Emphasis added.) Thus, this Court has no jurisdiction over this action.

Accordingly, the Demurrer and Motion to Strike are PLACED OFF CALENDAR. The Court also RECLASSIFIES this action to unlimited jurisdiction court on its own motion under Code of Civil Procedure section 403.040, subdivision (a). Plaintiff is ordered to pay the reclassification fee within ten (10) days of this order.

  1. Conclusion & Order

For the foregoing reasons, Defendant Naz Afshar’s Demurrer to Plaintiff’s Complaint and Motion to Strike are PLACED OFF CALENDAR.

Because this Court does not have jurisdiction to issue permanent injunctive relief as prayed for in the Complaint, the action is RECLASSIFIED as an unlimited jurisdiction case and is transferred to the transfer/reclassification desk for collection of fees and reassignment. Plaintiff is ordered to pay the reclassification fee within ten (10) days of notice of this order.

Moving party is ordered to give notice.

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