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This case was last updated from Los Angeles County Superior Courts on 04/19/2021 at 05:41:22 (UTC).

HCT INVESTMENTS L.L.C. VS AURELIO CHAVARRIA, ET AL.

Case Summary

On 12/29/2020 HCT INVESTMENTS L L C filed a Contract - Other Contract lawsuit against AURELIO CHAVARRIA. 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:

    *******0740

  • Filing Date:

    12/29/2020

  • 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

HCT INVESTMENTS L.L.C.

Defendants

CHAVARRIA AURELIO JR.

GONZALEZ ESTELLA

CHAVARRIA AURELIO

ROBINSON CHACHIONA

Attorney/Law Firm Details

Plaintiff Attorney

STEIN CHARLES Z

 

Court Documents

Demand for Jury Trial - Demand for Jury Trial

4/8/2021: Demand for Jury Trial - Demand for Jury Trial

Answer - Answer

4/8/2021: Answer - Answer

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

3/25/2021: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Notice of Ruling - Notice of Ruling

3/25/2021: Notice of Ruling - Notice of Ruling

Opposition (name extension) - Opposition TO DEFENDANTS DEMURRER TO COMPLAINT

3/11/2021: Opposition (name extension) - Opposition TO DEFENDANTS DEMURRER TO COMPLAINT

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

2/26/2021: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Proof of Service by Substituted Service - Proof of Service by Substituted Service

2/2/2021: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

2/2/2021: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

2/2/2021: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

2/26/2021: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Summons - Summons on Complaint

12/29/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

12/29/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

12/29/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

12/29/2020: First Amended Standing Order - First Amended Standing Order

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

12/29/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

3 More Documents Available

 

Docket Entries

  • 01/02/2024
  • Hearing01/02/2024 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 06/28/2022
  • Hearing06/28/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 05/20/2021
  • Hearing05/20/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Demurrer - without Motion to Strike

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  • 04/08/2021
  • DocketAnswer; Filed by: Aurelio Chavarria (Defendant); As to: HCT Investments L.L.C. (Plaintiff)

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  • 04/08/2021
  • DocketDemand for Jury Trial; Filed by: Aurelio Chavarria (Defendant)

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  • 03/25/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 05/20/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 03/25/2021
  • DocketNotice of Ruling; Filed by: HCT Investments L.L.C. (Plaintiff)

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  • 03/25/2021
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

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  • 03/25/2021
  • DocketOn the Court's own motion, Hearing on Demurrer - without Motion to Strike scheduled for 03/25/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 05/20/2021 10:00 AM

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  • 03/11/2021
  • DocketOpposition TO DEFENDANTS? DEMURRER TO COMPLAINT; Filed by: HCT Investments L.L.C. (Plaintiff)

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6 More Docket Entries
  • 02/02/2021
  • DocketProof of Service by Substituted Service; Filed by: HCT Investments L.L.C. (Plaintiff); As to: Aurelio Chavarria (Defendant); Proof of Mailing Date: 01/05/2021; Service Cost: 70.00; Service Cost Waived: No

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  • 02/02/2021
  • DocketProof of Service by Substituted Service; Filed by: HCT Investments L.L.C. (Plaintiff); As to: Aurelio Chavarria (Defendant); Proof of Mailing Date: 01/05/2021; Service Cost: 160.00; Service Cost Waived: No

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  • 12/30/2020
  • DocketNon-Jury Trial scheduled for 06/28/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 12/30/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/02/2024 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 12/30/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 12/29/2020
  • DocketComplaint; Filed by: HCT Investments L.L.C. (Plaintiff); As to: Aurelio Chavarria (Defendant); Aurelio Chavarria, Jr. (Defendant); Estella Gonzalez (Defendant) et al.

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  • 12/29/2020
  • DocketCivil Case Cover Sheet; Filed by: HCT Investments L.L.C. (Plaintiff); As to: Aurelio Chavarria (Defendant); Aurelio Chavarria, Jr. (Defendant); Estella Gonzalez (Defendant) et al.

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  • 12/29/2020
  • DocketSummons on Complaint; Issued and Filed by: HCT Investments L.L.C. (Plaintiff); As to: Aurelio Chavarria (Defendant); Aurelio Chavarria, Jr. (Defendant); Estella Gonzalez (Defendant) et al.

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  • 12/29/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/29/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC10740    Hearing Date: March 25, 2021    Dept: 25

HEARING DATE:   Thu., March 25, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: HCT Investments, LLC v. Chavarria, et al.   COMPL. FILED: 12-29-20

CASE NUMBER: 20STLC10740 DISC. C/O: 05-29-22

NOTICE:   OK DISC. MOT. C/O:    06-13-22

TRIAL DATE: 06-28-22

PROCEEDINGS    DEMURRER TO PLAINTIFF’S COMPLAINT

MOVING PARTY:   Defendant Aurelio Chavarria, in pro per

RESP. PARTY: Plaintiff HCT Investments LLC

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

Defendant Aurelio Chavarria’s Demurrer to Plaintiff’s Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

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 11, 2021 [   ] Late [   ] None

REPLY: None filed as of March 23, 2021 [   ] Late [X] None

ANALYSIS:

  1. Background

On December 29, 2020, Plaintiff HCT Investments, LLC (“Plaintiff”) filed an action for breach of contract against Defendants Aurelio Chavarria (“Aurelio”), Aurelio Chavarria Jr. (“Aurelio Jr.”), Estella Gonzalez (“Estella”), and Chachiona Robinson (“Robinson”) (collectively, “Defendants”).

Defendant Aurelio filed the instant Demurrer to the Complaint (the “Demurrer”), in pro per, on February 26, 2021. Plaintiff filed an Opposition on March 11. No reply brief was 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

As an initial matter, the Court notes the Demurrer is not accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. However, based on the issues presented in this action and because a meet and confer conference would not be productive, the Court finds that it is in the interest of judicial economy to proceed to make a ruling on the merits.

Plaintiff alleges Defendants breached the parties’ lease agreement on April 1, 2020 by failing to pay rent and other related charges. (Compl., p. 3, ¶ BC-2.)

Defendant Aurelio argues that Plaintiff lacks standing to sue. (Dem., pp. 2:1-5; 5:4-6:20.) However, Defendant Aurelio’s argument regarding standing is entirely conclusory as it fails to apply the law he cites to the present facts. (Id.)

Defendant Aurelio also demurs on the basis that the Complaint fails to state sufficient facts. (Id., p. 2:1-25.)

Plaintiff’s Complaint alleges that the parties entered into a written Rental Agreement on or about December 1, 2018, that on or about April 1, 2020, Defendants breached the Agreement by failing to pay rent and other related charges as set forth in the lease agreement, that Plaintiff performed all obligations under the parties’ Agreement, and that as a result of Defendants’ failure to pay the required amounts under the lease, Plaintiff suffered monetary damages. (Compl., p. 3.) Ordinarily, this is sufficient to plead a breach of contract cause of action. However, because Plaintiff seeks to recover rent during a protected period, it is subject to additional requirements.

Pursuant to Code of Civil Procedure section 116.223, subdivision (b)(3), an action to recover COVID-19 rental debt as defined by Section 1179.02, cannot be commenced before August 1, 2021. Section 1179.02 defines “COVID-19 rental debt” as “unpaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due during the covered time period.” (Code Civ. Proc., § 1179.02, subd. (c).) “Covered time period” means “the time period between March 1, 2020 and June 30, 2021. (Code Civ. Proc., § 1179.02, subd. (a).)

With this Complaint, Plaintiff seeks to recover unpaid rent that came due on April 1, 2020, which falls within the COVID-19 protected time period. (Code Civ. Proc., § 1179.02, subd. (a).) Pursuant to Code of Civil Procedure section 116.223, subdivision (b)(3), Plaintiff’s claims against Defendants are not yet actionable. For this reason, the Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND.

  1. Conclusion & Order

For the foregoing reasons, Defendant Aurelio Chavarria’s Demurrer to Plaintiff’s Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Moving party is ordered to give notice.

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