On 02/20/2015 HOSSEIN SHAHBAZIAN filed a Property - Other Real Property lawsuit against DARREL A HESSER. This case was filed in Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California. The Judges overseeing this case are STUART M. RICE and DEIRDRE HILL. The case status is Pending - Other Pending.
****0413
02/20/2015
Pending - Other Pending
Los Angeles County Superior Courts
Torrance Courthouse
Los Angeles, California
STUART M. RICE
DEIRDRE HILL
SHAHBAZIAN HOSSEIN
SHAHBAZIAN VICTORIA
DOES 1 TO 25
HESSER BRENDA
HESSER DARREL A.
CITY OF RANCHO PALOS VERDES
HESSER DARREL A.
CITY OF RANCHO PALOS VERDES
HESSER BRENDA
HESSER DARREL A.
CITY OF RANCHO PALOS VERDES
JOSEPH S. DZIDA ESQ.
MICHAEL S. BRAUN ESQ.
CYRUS SHAHBAZIAN
DZIDA JOSEPH STEVEN JR
HEWITT ANTOINETTE PICON
KUTAK ROCK LLP
THE WEINBERG LAW GORUP
GOWER RICHARD
GOWER RICHARD S.
TREDWAY KEVIN PATRICK
10/3/2016: Case Management Statement
3/15/2017: Legacy Document - LEGACY DOCUMENT TYPE: OBJECTION DOCUMENT FILED
1/31/2018: Legacy Document - LEGACY DOCUMENT TYPE: MEMORANDUM OF COSTS
4/18/2018: Request for Judicial Notice
9/13/2018: Legacy Document - LEGACY DOCUMENT TYPE: Designation of Record on Appeal
10/18/2018: Minute Order - Minute Order (Ex-Parte Application of Plaintiffs for Entry Of Judgment)
11/7/2018: Notice of Entry of Judgment
11/7/2018: Memorandum of Costs (Summary)
11/16/2018: Appeal - Notice of Appeal/Cross Appeal Filed - Notice of Appeal/Cross Appeal Filed
12/24/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice
5/2/2019: Appeal - Remittitur - Appeal Dismissed - APPEAL - REMITTITUR - APPEAL DISMISSED B292535
6/25/2019: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL
6/27/2019: Notice of Ruling
9/10/2019: Reply - REPLY BRIEF RE MOTION FOR LEAVE TO AMEND
9/30/2019: Order - ORDER GRANTING CITY OF RPV'S EX PARTE APPLICATION
10/9/2019: Motion in Limine - MOTION IN LIMINE TO PRECLUDE PLAINTIFFS FROM OFFERING EVIDENCE AS TO LOSS OF VIEW
10/22/2019: Motion to Strike (not anti-SLAPP) - without Demurrer - NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS' THIRD AMENDED COMPLAINT
10/24/2019: Opposition - OPPOSITION OF DEFENDANTS AND CROSS-COMPLAINANTS DARREL AND BRENDA HESSER TO PLAINTIFFS' MOTION IN LIMINE NO.1
Hearing05/27/2020 at 10:00 AM in Department B at 825 Maple Ave., Torrance, CA 90503; Jury Trial
Hearing05/20/2020 at 08:30 AM in Department B at 825 Maple Ave., Torrance, CA 90503; Final Status Conference
Hearing03/10/2020 at 08:30 AM in Department B at 825 Maple Ave., Torrance, CA 90503; Status Conference
DocketDefendants' Answer to Plaintiffs' Third Amended Complaint; Filed by DARREL A. HESSER (Defendant); BRENDA HESSER (Defendant)
Docketat 08:30 AM in Department B; Case Management Conference - Held
Docketat 08:30 AM in Department B; Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer - Held - Motion Denied
DocketMinute Order ( (Hearing on Motion to Strike (not anti-SLAPP) - without Demurr...)); Filed by Clerk
DocketDefendants' Reply Brief Re Motion to Strike Portions of Plaintiffs' Third Amended Complaint; Filed by DARREL A. HESSER (Defendant); BRENDA HESSER (Defendant)
DocketOPPOSITION TO MOTION TO STRIKE PORTIONS OF THIRD AMENDED COMPLAINT; Filed by HOSSEIN SHAHBAZIAN (Plaintiff); Vicky A. Shahbazian Erroneously Sued As VICTORIA SHAHBAZIAN (Plaintiff)
DocketCase Management Statement; Filed by DARREL A. HESSER (Defendant); BRENDA HESSER (Defendant)
DocketNotice of Hearing on Demurrer; Filed by BRENDA HESSER (Defendant); DARREL A. HESSER (Defendant)
DocketRequest for Judicial Notice; Filed by BRENDA HESSER (Defendant); DARREL A. HESSER (Defendant)
DocketSubstitution of Attorney; Filed by HOSSEIN SHAHBAZIAN (Plaintiff); Vicky A. Shahbazian Erroneously Sued As VICTORIA SHAHBAZIAN (Plaintiff)
DocketStipulation and Order
DocketMotion; Filed by HOSSEIN SHAHBAZIAN (Plaintiff); Vicky A. Shahbazian Erroneously Sued As VICTORIA SHAHBAZIAN (Plaintiff)
DocketProof-Service/Summons; Filed by HOSSEIN SHAHBAZIAN (Plaintiff); Vicky A. Shahbazian Erroneously Sued As VICTORIA SHAHBAZIAN (Plaintiff)
DocketProof-Service/Summons; Filed by HOSSEIN SHAHBAZIAN (Plaintiff); Vicky A. Shahbazian Erroneously Sued As VICTORIA SHAHBAZIAN (Plaintiff)
DocketComplaint; Filed by null
DocketSummons; Filed by null
DocketNotice of Case Management Conference; Filed by Clerk
Case Number: YC070413 Hearing Date: December 13, 2019 Dept: SWB
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Superior Court
of Southwest District Torrance Dept. B |
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HOSSEIN SHAHBAZIAN, et al., |
Plaintiffs, |
Case No.: |
YC070413 |
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vs. |
[Tentative] RULING |
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DARREL A. HESSER, et al., |
Defendants. |
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Hearing Date: December 13, 2019
Moving Parties: Defendants Darrel A. Hesser and Brenda Hesser
Responding Party: Plaintiff Hossein Shahbazian
Motion to Strike Portions of Third Amended Complaint
The court considered the moving, opposition, and reply papers.
RULING
The motion is DENIED.
BACKGROUND
On September 14, 2015, plaintiffs Hossein Shahbazian and Vicky A. Shahbazian filed a First Amended Complaint against Darrel A. Hesser, Brenda Hesser, and City of Rancho Palos Verdes.
Plaintiffs filed a Second Amended Complaint for (1) negligence, (2) trespass, and (3) nuisance. Plaintiffs allege that they are next door neighbors to defendants. Plaintiffs allege that defendants destroyed the existing fence at the boundary line between the two properties and installed a new fence.
On September 18, 2019, plaintiffs filed a Third Amended Complaint, after the court granted leave.
LEGAL AUTHORITY
The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. CCP § 436(b). The grounds for a motion to strike are that the pleading has irrelevant, false or improper matter, or has not been drawn or filed in conformity with laws. CCP § 436. The grounds for moving to strike must appear on the face of the pleading or by way of judicial notice. CCP § 437.
DISCUSSION
Defendants request that the court strike the TAC at para. 12 “(b) declaratory relief under Code of Civil Procedure §1060 as to the parties’ respective rights, if any, in the Boundary so that disputes like this do not arise again in the future” and the prayer at page 13, line 14 “D. As to the Hessers and Does 1 to 9 only, declaratory relief under CCP §1060 as to the plaintiffs’ and Hessers’ rights, if any, in the Boundary, so that disputes like this do not rise again in the future.”
In the TAC, plaintiffs allege that this dispute concerns the boundary between two abutting residential properties in Rancho Palos Verdes. Plaintiffs have been the owners of their property since 1990. Defendants have been the owners of their property since 2006. Currently, a fence sitting on top of a wall/foundation separates the properties. The fence was constructed by the Hessers without prior notice to or consent of plaintiffs’. Defendants shaved and thinned the fence without prior notice or consent. The fence replaced a prior fence that had sat atop the unshaved wall/foundation. These fences and the wall/foundation are referred to as the Boundary.
Plaintiffs allege that they have ownership and other rights to the Boundary based on the legal doctrine called “practical location” as set forth in French v. Brinkman (1963) 60 Cal. 2d 547. Further, the wall/foundation portion of the Boundary provides later and subjacent support to the higher plaintiffs’ property and holds it in place.
The court had previously allowed plaintiffs to amend to add a claim for declaratory relief. The court does not find that the language is irrelevant, false, or improper. CCP §1060 states that declaratory relief may be requested “either alone or with other relief.” Plaintiffs have alleged that they are persons interested in a declaration of their rights or duties with respect to property, which in this case, is the “Boundary” between the properties.
The motion is DENIED.
Plaintiffs are ordered to give notice of the ruling.