Case Number: BC643731 Hearing Date: March 06, 2018 Dept: A

# 10. Shevon L. White v. James Jennings, et al.

Case No.: BC643731

Matter on calendar for: Motion for judgment on the pleadings

Tentative ruling:

I. Background

Plaintiff Shevon L. White claims that on September 19, 2016, Defendant Citi Mortgage conducted a non-judicial foreclosure sale of Plaintiff’s home. After completing the foreclosure sale, Citi allegedly hired Defendant James Jennings to obtain possession of the property. Jennings allegedly broke into the property and changed the locks. As a result of Jennings’ conduct, Plaintiff was allegedly left without a home for three days, until the Los Angeles County Sheriff restored Plaintiff’s possession.

Plaintiff asserts three causes of action against Defendant James Jennings: (1) Forcible Eviction; (2) Intentional Infliction of Emotional Harm (“IIED”); and (3) Conversion.

Defendant Jennings moves for judgment on the pleadings.

II. Analysis

A defendant may move for judgment on the pleadings on the ground that the entire complaint (or any of its causes of action) does not state facts sufficient to constitute a cause of action. (CCP § 438(c)(1)(B)(ii).)

The Court grants Defendant’s Request for Judicial Notice under Evidence Code § 452.

The Court grants Defendant’s motion because:

· With respect to the Forcible Eviction claim, Plaintiff has failed to allege a landlord/tenant relationship between Plaintiff and Defendant, as required by Tooke v. Allen (1948) 85 Cal.App.2d 230). Plaintiff also alleges that she is in possession of the premises, but “the proposition that there can be retention of demised premises and an eviction are logically and legally contradictory.” (Ryan v. Huffman (1948) 88 Cal.App.2d 728, 731.)

· With respect to the Conversion claim, the mere act of taking possession of a building and locking it does not constitute conversion of the personal property inside. (Zaflow v. Kroenert (1946) 29 Cal.2d 541, 550-51.) Plaintiff has also failed to allege damages for recovery of the property or damages based on the value of the property. (Taylor v. Forte Hotels International (1991) 235 Cal.App.3d 1119, 1124.)

· The IIED claim fails because all the other causes of action fail. (Flynn v. Highan (1983) 149 Cal.App.3d 677, 681.)

The Court grants Defendant’s motion for judgment on the pleadings with 20 days’ leave to amend.