This case was last updated from Los Angeles County Superior Courts on 08/24/2020 at 08:51:34 (UTC).

MICHELLE MADRIGAL VS PAUL ANDRIKIAN, ET AL.

Case Summary

On 09/20/2019 MICHELLE MADRIGAL filed a Property - Other Real Property lawsuit against PAUL ANDRIKIAN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8675

  • Filing Date:

    09/20/2019

  • Case Status:

    Other

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

MADRIGAL MICHELLE

Defendants

GREEN APPLE TREE INVESTMENTS LLC

ANDRIKIAN PAUL

ANDRIKIAN KARINEH

Attorney/Law Firm Details

Plaintiff Attorney

ZREIK SAMMY

Defendant Attorney

SHAHABI KAMRAN M

 

Court Documents

Request for Dismissal - Request for Dismissal

7/7/2020: Request for Dismissal - Request for Dismissal

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

3/19/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Request for Dismissal - Request for Dismissal

2/20/2020: Request for Dismissal - Request for Dismissal

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

1/13/2020: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

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

11/22/2019: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Civil Case Cover Sheet - Civil Case Cover Sheet

9/24/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

9/20/2019: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

9/20/2019: Complaint - Complaint

Summons - Summons on Complaint

9/20/2019: Summons - Summons on Complaint

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

9/20/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 07/08/2020
  • DocketOrder to Show Cause Re: Why this Case Should Not Be Reclassified as an Unlimited Civil Action scheduled for 02/10/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 07/08/2020

    Read MoreRead Less
  • 07/08/2020
  • DocketNon-Jury Trial scheduled for 03/19/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 07/08/2020

    Read MoreRead Less
  • 07/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/23/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 07/08/2020

    Read MoreRead Less
  • 07/07/2020
  • DocketOn the Complaint filed by Michelle Madrigal on 09/20/2019, entered Request for Dismissal with prejudice filed by Michelle Madrigal as to the entire action

    Read MoreRead Less
  • 04/17/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
  • 04/17/2020
  • DocketReset - Court Unavailable, Order to Show Cause Re: Why this Case Should Not Be Reclassified as an Unlimited Civil Action scheduled for 06/02/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 02/10/2021 09:30 AM

    Read MoreRead Less
  • 03/19/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
  • 03/19/2020
  • DocketReset - Court Unavailable, Order to Show Cause Re: Why this Case Should Not Be Reclassified as an Unlimited Civil Action scheduled for 03/23/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 06/02/2020 10:30 AM

    Read MoreRead Less
  • 02/24/2020
  • DocketUpdated -- Request for Dismissal Not Entered: Name Extension: Not Entered; As To Parties changed from Paul Andrikian (Defendant), Karineh Andrikian (Defendant), Green Apple Tree Investments LLC (Defendant) to Paul Andrikian (Defendant), Karineh Andrikian (Defendant), Green Apple Tree Investments LLC (Defendant)

    Read MoreRead Less
  • 02/24/2020
  • DocketERROR with ROA message definition 129 with DismissalParty:1919080 resulted in empty message

    Read MoreRead Less
8 More Docket Entries
  • 11/22/2019
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 01/13/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 11/22/2019
  • DocketDemurrer - without Motion to Strike; Filed by: Paul Andrikian (Defendant); Karineh Andrikian (Defendant); Green Apple Tree Investments LLC (Defendant)

    Read MoreRead Less
  • 09/24/2019
  • DocketCivil Case Cover Sheet; Filed by: Michelle Madrigal (Plaintiff)

    Read MoreRead Less
  • 09/23/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/23/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 09/23/2019
  • DocketNon-Jury Trial scheduled for 03/19/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 09/23/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 09/20/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 09/20/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 09/20/2019
  • DocketSummons on Complaint; Issued and Filed by: Michelle Madrigal (Plaintiff); As to: Paul Andrikian (Defendant); Karineh Andrikian (Defendant); Green Apple Tree Investments LLC (Defendant)

    Read MoreRead Less
  • 09/20/2019
  • DocketComplaint; Filed by: Michelle Madrigal (Plaintiff); As to: Paul Andrikian (Defendant); Karineh Andrikian (Defendant); Green Apple Tree Investments LLC (Defendant)

    Read MoreRead Less

Tentative Rulings

Case Number: 19STLC08675    Hearing Date: January 13, 2020    Dept: 94

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

DEFENDANTS PAUL ANDRIKIAN, KARINEH ANDRIKIAN, AND GREEN APPLE TREE INVESTMENTS LLC’S DEMURRER TO THE FIRST CAUSE OF ACTION FOR NEGLIGENCE IN THE COMPLAINT IS SUSTAINED WITH 20 DAYS’ LEAVE TO AMEND.

ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE RECLASSIFIED AS AN UNLIMITED CIVIL ACTION IS SET FOR MARCH 23, 2020 AT 10:30 AM IN DEPARTMENT 94.

ANALYSIS:

On September 20, 2019, Plaintiff Michelle Madrigal (“Plaintiff”) filed the instant action for nuisance, negligence and trespass against Defendants Paul Andrikian, Karineh Andrikian, and Green Apple Tree Investments LLC (“Defendants”). On November 22, 2019, Defendants filed the instant Demurrer to the Complaint. To date, no opposition has been filed.

Discussion

The Court finds that the Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Saldana Decl., ¶¶3-4 and Exh. B.) In demurring to the Complaint, Defendant contends that the first cause of action for nuisance fails to allege facts to support a cause of action because it is merely duplicative of the second cause of action for negligence. (Citing Code Civ. Proc., § 430.10, subds. (e) and (g).)

A demurrer may be sustained as to a cause of action that is duplicative of another. (Palm Springs Villas II Homeowners Assn., Inc. v. Parth (2016) 248 Cal.App.4th 268, 290.) A duplicative cause of action is one that adds nothing to the Complaint by way of fact or theory or recovery. (Ibid.) Here, the Complaint alleges that Defendants are the owners of real property located at 1015 S. Bruce Lane, Burbank, California (“the subject property”) upon which there is a palm tree whose roots are encroaching on and causing significant damage to Plaintiff’s property, including her garage. (Compl., ¶10.) Plaintiff further alleges that Defendants have improperly buried a pool that has caused water and soil intrusion on Plaintiff’s property. (Id. at ¶11.) As a result of these intrusions from the roots and water from Defendants’ property, Plaintiff has suffered significant damage and expense relating to the repair of her property. (Id. at ¶¶10-19.)

The first cause of action for nuisance reiterates these allegations and seeks an order requiring Defendants to (1) remove the trees, stumps and roots that are damaging Plaintiff’s property; (2) incur the costs of removal; and (3) pay for necessary repairs to Plaintiff’s property, for storage of Plaintiff’s personal property in the garage, and for Plaintiff’s discomfort and annoyance. (Id. at ¶¶20-24.) The same conduct by Defendants is raised in the second cause of action for negligence. (Id. at ¶¶26-28.) The distinction in the causes of action lies in the remedies sought because the first cause of action seeks injunctive relief, while the second only seeks damages. (Id. at ¶¶23, 28.)

A claim for nuisance almost always is premised on a lack of due care, or negligence, especially with respect to buildings or premises. (El Escorial Owners' Assn. v. DLC Plastering (2007) 154 Cal.App.4th 1337, 1349.) Where nuisance is premised on negligence, there can only be a cause of action asserted for negligence. (Ibid.) Nor does it make a difference that the nuisance cause of action seeks injunctive relief, as that may be asserted in connection with the negligence cause of action.

Based on the foregoing, the demurrer to the first cause of action for nuisance is sustained with leave to amend. Specifically, Plaintiff is given leave to amend the negligence cause of action so as to encompass the facts and remedies raised in the nuisance cause of action, as appropriate. The Court also notes that to the extent Plaintiff retains the request for injunctive relief, the action should be reclassified as an unlimited jurisdiction case. (See Code Civ. Proc., §§ 85, 86, subds. (a)(7), (b).)

Conclusion

Defendants Paul Andrikian, Karineh Andrikian, and Green Apple Tree Investments LLC’s Demurrer is sustained with 20 days’ leave to amend as to the Complaint’s first cause of action for negligence.

Order to Show Cause Why this Case Should Not Be Reclassified as an Unlimited Civil Action is set for March 23, 2020 at 10:30 am in Department 94.

Moving party to give notice.