This case was last updated from Los Angeles County Superior Courts on 10/07/2020 at 00:59:35 (UTC).

RONALD KNIGHT VS. STELLA KNIGHT, ET AL.

Case Summary

On 04/11/2018 RONALD KNIGHT filed a Property - Other Real Property lawsuit against STELLA KNIGHT. This case was filed in Los Angeles County Superior Courts, Compton Courthouse located in Los Angeles, California. The Judge overseeing this case is MAURICE A. LEITER. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9118

  • Filing Date:

    04/11/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Compton Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MAURICE A. LEITER

 

Party Details

Plaintiff

KNIGHT RONALD

Defendants

PEREZ SANDRA

FAVELA FRANCISCO

FAVELA VICTORIA

THE BAY LION GROUP LTD CO.

THE DANIEL LEE BIDDLE SR. LIVING TRUST

KNIGHT STELLA

DOES 1-100

KNIGHT THOMAS

ALL PERSONS UNKNOWN

UNKNOWN ALL PERSONS

Other

LOS ANGELES SUPERIOR COURT

Attorney/Law Firm Details

Plaintiff Attorneys

DOMINGUEZ DARIN R.

DOMINGUEZ DARIN ROBERT

Defendant Attorneys

GRANATO FRANK D.

GRANATO FRANK D

 

Court Documents

Minute Order - MINUTE ORDER (COURT ORDER)

7/23/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Substitution of Attorney

3/18/2020: Substitution of Attorney

Case Management Statement

11/13/2019: Case Management Statement

Declaration - DECLARATION FRANK D. GRANATO

11/15/2019: Declaration - DECLARATION FRANK D. GRANATO

Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE BY THOMAS KNIG...)

9/17/2019: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE BY THOMAS KNIG...)

Memorandum of Points & Authorities - MEMORANDUM OF POINTS & AUTHORITIES OF THOMAS KNIGHT IN SUPPORT OF DEMURRER TO COMPLAINT

7/16/2019: Memorandum of Points & Authorities - MEMORANDUM OF POINTS & AUTHORITIES OF THOMAS KNIGHT IN SUPPORT OF DEMURRER TO COMPLAINT

Minute Order - MINUTE ORDER (HEARING ON MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUD...)

7/16/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUD...)

Motion to Set Aside/Vacate Default and / or Default Judgment

6/13/2019: Motion to Set Aside/Vacate Default and / or Default Judgment

Request for Judicial Notice

6/13/2019: Request for Judicial Notice

Memorandum of Points & Authorities

6/13/2019: Memorandum of Points & Authorities

Declaration - DECLARATION DECLARATION OF NON-SERVICE

5/14/2019: Declaration - DECLARATION DECLARATION OF NON-SERVICE

Notice of Ruling

5/9/2019: Notice of Ruling

Case Management Statement - Case Management Statement Updated

2/27/2019: Case Management Statement - Case Management Statement Updated

Answer

2/13/2019: Answer

Notice of Lis Pendens

4/11/2018: Notice of Lis Pendens

Notice of Ruling

11/19/2018: Notice of Ruling

Case Management Statement -

8/23/2018: Case Management Statement -

75 More Documents Available

 

Docket Entries

  • 12/07/2020
  • Hearing12/07/2020 at 08:30 AM in Department A at 200 West Compton Blvd., Compton, CA 90220; Order to Show Cause Re: Dismissal

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  • 12/07/2020
  • Hearing12/07/2020 at 08:30 AM in Department A at 200 West Compton Blvd., Compton, CA 90220; Trial Setting Conference

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  • 10/05/2020
  • Docketat 08:30 AM in Department A, Maurice A. Leiter, Presiding; Order to Show Cause Re: Dismissal (for Failure to Prosecute) - Held - Continued

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  • 10/05/2020
  • Docketat 08:30 AM in Department A, Maurice A. Leiter, Presiding; Trial Setting Conference - Held - Continued

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  • 10/05/2020
  • DocketMinute Order ( (Trial Setting Conference; Order to Show Cause Re: Dismissal f...)); Filed by Clerk

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  • 09/29/2020
  • Docketat 2:00 PM in Department A, Maurice A. Leiter, Presiding; Informal Discovery Conference (IDC) - Not Held - Taken Off Calendar by Party

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  • 08/28/2020
  • Docketat 08:30 AM in Department A, Maurice A. Leiter, Presiding; Trial Setting Conference - Held - Continued

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  • 08/28/2020
  • DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 07/23/2020
  • Docketat 3:36 PM in Department A, Maurice A. Leiter, Presiding; Court Order

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  • 07/23/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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109 More Docket Entries
  • 08/23/2018
  • DocketProof of Service by Mail

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  • 08/23/2018
  • DocketCase Management Statement

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  • 08/23/2018
  • DocketCase Management Statement; Filed by THOMAS KNIGHT (Defendant); SANDRA PEREZ (Defendant)

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  • 08/23/2018
  • DocketProof of Service by Mail; Filed by THOMAS KNIGHT (Defendant); SANDRA PEREZ (Defendant)

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  • 05/17/2018
  • DocketNotice of Continuance (OF HEARING); Filed by Clerk

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  • 04/11/2018
  • DocketCivil Case Cover Sheet; Filed by RONALD KNIGHT (Plaintiff)

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  • 04/11/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 04/11/2018
  • DocketSummons; Filed by null

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  • 04/11/2018
  • DocketComplaint; Filed by RONALD KNIGHT (Plaintiff)

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  • 04/11/2018
  • DocketNotice of Lis Pendens; Filed by RONALD KNIGHT (Plaintiff)

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Tentative Rulings

Case Number: TC029118    Hearing Date: January 09, 2020    Dept: A

# 10. Ronald Knight v. Stella Knight, et al.

Case No.: TC029118

Matter on calendar for: Demurrer to FAC

Tentative ruling:

  1. Background

    This is a quiet title action involving an alleged forged deed. Plaintiff Ronald Knight alleges Defendants Stella Knight, Thomas Knight, The Daniel Lee Biddle, Sr., Living Trust, Francisco Favela, Victoria Favela, and Sandra Perez forged and fraudulently recorded. The property is located at 1010 Kay Street, Compton, California 90221. Plaintiff discovered the deed when the property was almost sold.

    The First Amended Complaint (“FAC”) alleges the following causes of action:

  1. Quiet Title;

  2. Cancellation of Deed;

  3. Fraud;

  4. Constructive Trust; and

  5. Declaratory Relief

    Defendant Thomas Knight and Sandra Perez now demur to the FAC. An opposition was filed and considered. No reply has been filed as of January 7, 2020.

    For the reasons set forth below, the Court overrules the demurrer.

  1. Standard

A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) the properly pleaded factual allegations; (2) facts that can be reasonably inferred from those expressly pleaded; and (3) judicially noticed matters. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court may not consider contentions, deductions, or conclusions of fact or law. (Moore v. Conliffe (1994) 7 Cal.App.4th 634, 638.) Because a demurrer tests the legal sufficiency of a complaint, the plaintiff must show that the complaint alleges facts sufficient to establish every element of each cause of action. (Rakestraw v. California Physicians Service (2000) 81 Cal.App.4th 39, 43.) Where the complaint fails to state facts sufficient to constitute a cause of action, courts should sustain the demurrer. (C.C.P., § 430.10(e); Zelig v. County of Los Angeles (2002) 27 Cal.App.4th 1112, 1126.)

Sufficient facts are the essential facts of the case "with reasonable precision and with particularity sufficiently specific to acquaint the defendant with the nature, source, and extent of his cause of action.” (Gressley v. Williams (1961) 193 Cal.App.2d 636, 643-644.) "Whether the plaintiff will be able to prove the pleaded facts is irrelevant to ruling upon the demurrer." (Stevens v. Superior Court (1986) 180 Cal.App.3d 605, 609610.) Under Code Civil Procedure § 430.10(f), a demurrer may also be sustained if a complaint is “uncertain.” Uncertainty exists where a complaint’s factual allegations are so confusing they do not sufficiently apprise a defendant of the issues it is being asked to meet. (Williams v. Beechnut Nutrition Corp. (1986) 185 Cal.App.3d 135, 139, fn. 2.)

  1. Analysis

    1. Fraud

Defendants argue the FAC does not possess the required specificity to allege fraud. The elements of fraud are (1) a misrepresentation; (2) knowledge of falsity; (3) intent to induce reliance; (4) justifiable reliance; and (5) resulting damage. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) Fraud must be pled with specificity. (Id. at 645.) This “necessitates pleading facts which show how, when, where, to whom, and by what means representations were tendered.” (Ibid.) The FAC and the attached deed make it clear that Plaintiff alleges Defendants fraudulently forged a deed transferring the property from Plaintiff to Defendants Stella Knight and Thomas Knight, with Defendants Angela Mosby and Sandra Perez participating in the scheme by witnessing the forged deed. (FAC ¶ 30.) This is sufficient to state a cause of action for fraud.

The demurrer to the FAC is overruled.

  1. Ruling

    The demurrer to the FAC is overruled. Defendants to file and serve their answer within 15 days.

    Next dates:

    Notice: