This case was last updated from Los Angeles County Superior Courts on 07/15/2021 at 01:49:15 (UTC).

PRINCESS TUCKER VS SHOUSHAN MOVSESTRUST OF THE ISACS TRUST

Case Summary

On 11/09/2020 PRINCESS TUCKER filed a Civil Right - Other Civil Right lawsuit against SHOUSHAN MOVSESTRUST OF THE ISACS TRUST. 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 Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9435

  • Filing Date:

    11/09/2020

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Civil Right - Other Civil Right

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

TUCKER PRINCESS

Defendants

SHOUSHAN MOVSESTRUST OF THE ISACS TRUST

SHOUSHAN MOVSES TRUSTEE OF THE ISAC'S TRUST

Attorney/Law Firm Details

Defendant Attorney

HIURA STEPHEN

 

Court Documents

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

4/7/2021: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Notice (name extension) - Notice Shoushan Movsesian [sued as Shoushan Movses] Trustee of the Isaacs Trusts Notice of Non-opposition to Plaintiff Princess Tuckers Second Amended Complaint

4/26/2021: Notice (name extension) - Notice Shoushan Movsesian [sued as Shoushan Movses] Trustee of the Isaacs Trusts Notice of Non-opposition to Plaintiff Princess Tuckers Second Amended Complaint

Amended Complaint - (Amended)

1/19/2021: Amended Complaint - (Amended)

Proof of Personal Service - Proof of Personal Service

2/5/2021: Proof of Personal Service - Proof of Personal Service

Ex Parte Application (name extension) - Ex Parte Application for Motion for New Trial

2/19/2021: Ex Parte Application (name extension) - Ex Parte Application for Motion for New Trial

Certificate of Mailing for - Certificate of Mailing for (Hearing on Ex Parte Application for Motion for New Trial;) of 02/19/2021

2/19/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Ex Parte Application for Motion for New Trial;) of 02/19/2021

Minute Order - Minute Order (Hearing on Ex Parte Application for Motion for New Trial;)

2/19/2021: Minute Order - Minute Order (Hearing on Ex Parte Application for Motion for New Trial;)

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

2/23/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

2/23/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

3/16/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

3/18/2021: Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

Summons - Summons on Amended Complaint (1st)

11/25/2020: Summons - Summons on Amended Complaint (1st)

Amended Complaint - (Amended)

11/25/2020: Amended Complaint - (Amended)

Summons - Summons on Complaint

11/9/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

11/9/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

11/9/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

11/9/2020: First Amended Standing Order - First Amended Standing Order

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

11/9/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

13 More Documents Available

 

Docket Entries

  • 05/05/2021
  • DocketNon-Jury Trial scheduled for 05/09/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 05/05/2021

    Read MoreRead Less
  • 05/03/2021
  • DocketOn the Amended Complaint (2nd) filed by Princess Tucker on 01/19/2021, entered Order for Dismissal with prejudice as to the entire action

    Read MoreRead Less
  • 05/03/2021
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

    Read MoreRead Less
  • 05/03/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 05/03/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 05/03/2021; Result Type to Held

    Read MoreRead Less
  • 04/29/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/13/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 02/05/2021

    Read MoreRead Less
  • 04/26/2021
  • DocketNotice Shoushan Movsesian [sued as Shoushan Movses] Trustee of the Isaacs Trusts Notice of Non-opposition to Plaintiff Princess Tuckers Second Amended Complaint; Filed by: Shoushan Movses trustee of the Isac's Trust (Defendant); As to: Princess Tucker (Plaintiff)

    Read MoreRead Less
  • 04/08/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 05/03/2021 at 10:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 04/07/2021
  • DocketDemurrer - without Motion to Strike; Filed by: Shoushan Movses trustee of the Isac's Trust (Defendant)

    Read MoreRead Less
  • 03/18/2021
  • DocketNotice of Rejection - Post Judgment; Filed by: Clerk

    Read MoreRead Less
  • 03/16/2021
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

    Read MoreRead Less
19 More Docket Entries
  • 11/09/2020
  • DocketComplaint; Filed by: Princess Tucker (Plaintiff); As to: Shoushan Movsestrust of the Isacs Trust (Defendant)

    Read MoreRead Less
  • 11/09/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/13/2023 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 11/09/2020
  • DocketRequest to Waive Court Fees; Filed by: Princess Tucker (Plaintiff)

    Read MoreRead Less
  • 11/09/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Princess Tucker (Plaintiff)

    Read MoreRead Less
  • 11/09/2020
  • DocketCivil Case Cover Sheet; Filed by: Princess Tucker (Plaintiff)

    Read MoreRead Less
  • 11/09/2020
  • DocketSummons on Complaint; Issued and Filed by: Clerk

    Read MoreRead Less
  • 11/09/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 11/09/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 11/09/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

    Read MoreRead Less
  • 11/09/2020
  • DocketNon-Jury Trial scheduled for 05/09/2022 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less

Tentative Rulings

Case Number: 20STLC09435    Hearing Date: May 3, 2021    Dept: 26

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

Defendant Shoushan Movsesian, Trustee of the Isaac’s Trust’s Demurrer to the Second Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

ANALYSIS:

On November 9, 2020, Plaintiff Princess Tucker (“Plaintiff”) filed the Complaint in this action against Defendant Shoushan Movsesian, Trustee of the Isaac’s Trust (erroneously sued as

Shoushan Movses, Trustee of the Isaac’s Trust) (“Defendant”). On November 25, 2020, Plaintiff filed a First Amended Complaint. Plaintiff then filed the Second Amended Complaint on January 19, 2021. It is not clear when the Second Amended Complaint, or the prior pleadings, were served on Defendant.

Defendant filed the instant Demurrer to the Second Amended Complaint on April 7, 2021. To date, no opposition has been filed.

Discussion

The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Harwell Decl., ¶¶5-6 and Exh. B.) Defendant demurs to the entire Complaint for failure to allege facts sufficient to state a cause of action. (Code Civ. Proc., § 430.10, subd. (e).)

The Complaint and both Amended Complaints are entitled “Civil Harassment With Damages.” The Second Amended Complaint, like its predecessors, consists of just a few sentences. In it, Plaintiff alleges that “owner Pam Isacs” filed an unlawful detainer action against her and that such an action is harassment, breaks COVID-19 laws and uses fraudulent tactics. (SAC, p. 2.)

As noted in the Demurrer, the Second Amended Complaint only mentions “owner Pam Isaacs” taking action against Plaintiff and makes no allegations against Defendant. And no allegations are included that indicate how Defendant can be liable for conduct by “owner Pam Isaacs.” Nor are sufficient facts alleged to state a cause of action for civil harassment. Relief from civil harassment may be obtained by seeking injunctive relief pursuant to Civil Code section 527.6. Harassment is defined under that statute as “unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.” (Civ. Code, § 527.6, subd. (b)(3).)

First, the Second Amended Complaint does not seek any relief, let alone injunctive relief. (SAC, p. 2.) Second, no facts are alleged in the Second Amended Complaint demonstrating how the unlawful detainer action amounts to harassment, breaks COVID-19 laws or uses fraudulent tactics. While the Demurrer admits all material facts pled in the Second Amended Complaint, the Court cannot accept mere conclusions of fact or law as true. (See Rodas v. Spiegel (2001) 87 Cal.App.4th 513, 517.)

Therefore, the Second Amended Complaint fails to allege facts sufficient to state a cause of action. Despite filing three separate pleadings against Defendant, Plaintiff has been unable to articulate more than the same minimal allegations recited above. Nor has Plaintiff filed an opposition to this Demurrer demonstrating how the pleadings can be amended to state a viable cause of action against Defendant. Plaintiff bears the burden of demonstrating leave to amend is proper. (BFGC Architects Planners, Inc. v. Forum/Mackey Constr., Inc. (2004) 119 Cal.App.4th 848, 854.)

Conclusion

Defendant Shoushan Movsesian, Trustee of the Isaac’s Trust’s Demurrer to the Second Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Moving party to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases represented by Lawyer HIURA STEPHEN K.