2018-00232431-CU-PO

Kent Taylor vs. Ridgestone Apartment

Nature of Proceeding: Hearing on Demurrer to the Complaint

Filed By: Kilpatrick, Terence

** If any party requests oral argument, then at the time the request is made, the requesting party shall inform the court and opposing counsel / opposing party in propria persona of the specific issue(s) on which oral argument is sought. **

The demurrer of Defendant Logos Property Investment S, LLC (Logos), sued as Logos Property Investments and/or Ridgestone Apartments, to the amended complaint filed on 10/30/18 is OVERRULED in part and SUSTAINED in part without leave to amend.

Logos’ further request for an order transferring this matter to the court’s small claims division is DENIED.

Plaintiff Kent Taylor’s (Taylor) request for a continuance is DENIED. Although Taylor filed an extensive opposition on 1/04/19, he argues that an automobile collision on 12/20/18 caused him head trauma that necessitates a continuance. Absent medical proof that Taylor is unable to participate at the hearing on 1/18/19, a continuance is unwarranted.

Logos’ evidence that the California Secretary of State’s Office has no record of “Ridgestone Apartments” or “Logos Property Investments” is STRICKEN. The court may not consider evidence on demurer.

Overview

The court sustained Logos’ demurrer to the original complaint and granted leave to amend. Taylor filed a first amended complaint on 10/04/18. Then on 10/30/18, he filed the instant amended complaint with the words “Defect Correction” at the top of the first page. Logos demurs to the 10/30/18 amended complaint. Despite any procedural irregularity, the court entertains the demurrer.

This is a landlord / tenant case. Taylor is the former tenant and is representing himself in this action. Taylor alleges that Logos failed to return his $499 security deposit within 21 days after he vacated the premises. He also alleges that Logos failed to provide an itemized statement of any deductions from the deposit. To the extent Logos succeeded to the interest of the original landlord, Taylor alleges that Logos failed to follow statutory rules governing the disposition of his deposit under such circumstances. Taylor characterized these failures as breaches of contract. He also cites provisions in CC § 1950.5, which govern residential tenants’ security deposits. In addition, Taylor contends that Logos’ failures amount to the negligent performance of duties.

Logos now demurs on grounds that the allegations are uncertain, that the allegations fail to state a valid cause of action, that an improper party has been joined, and that the court lacks jurisdiction. Taylor opposes.

Discussion

Preliminarily, the court notes Taylor’s objections that the demurrer is somehow barred under the doctor of collateral estoppel. The objection is overruled. Collateral estoppel only applies after a final judgment has been entered. Because no judgment in this case or any other case affecting this matter appears to have been entered, collateral estoppel does not impact the demurrer.

Taylor’s argument that the demurrer is untimely lacks merit as well. Even if there were any untimeliness, the court would hear the matter in its discretion. Taylor has not shown prejudice.

Uncertainty

The demurrer is OVERRULED.

The amended complaint does not contain headings differentiating the causes of action. In addition, the allegations are conclusory at times. That being said, the allegations are not so uncertain that Logos cannot frame a response. Demurrers for uncertainty are disfavored and are only granted where the complaint is so muddled that the defendant cannot reasonably respond. The favored approach is to clarify theories in the complaint through discovery. (See Khoury v. Maly’s of Calif., Inc. (1993) 14 Cal.App.4th 612, 616; 1 Weil & Brown, Civil Procedure Before Trial (Rutter 2018), § 7:85, p. 7(l)-41, -42.)

The court notes Logos’ argument that some of Taylor’s alleged damages are actually costs of suit. Even if Logos is correct, the argument does not dispose of an entire cause of action and, therefore, does not command an order sustaining a demurrer.

Misjoinder

The demurrer is OVERRULED.

Logos’ misjoinder argument is based on evidence that the court has stricken. Hence, the demurrer is overruled.

Jurisdiction

The demurrer is OVERRULED, and the request to transfer the matter to the small claims division is DENIED.

Logos argues that this is a limited civil case that belongs in small claims court. Based on this argument, Logos contends that this court lacks jurisdiction over the subject matter.

Generally speaking, jurisdiction vests in the superior court, not its various divisions or departments. (See, e.g., Magallan v. Superior Court (2011) 192 Cal.App.4th 1444, 1453-1454.) The superior court exercises jurisdiction in both unlimited and limited civil cases. Moreover, although CC § 1950.5(n) authorizes a tenant may sue in small claims in a dispute over a security deposit, (s)he need not do so.

The court possesses jurisdiction over the subject matter. For that reason, the jurisdictional demurrer is overruled.

Failure to State a Cause of Action

Negligence

The demurrer is SUSTAINED without leave to amend.

Taylor cannot advance a negligence cause of action solely on the ground that Logos breached an obligation under the rental agreement. Similarly, although CC § 1950.5 provides a statutory remedy for failures to treat security deposits properly, it does not support a common law cause of action for negligence. Furthermore, as Logos points out, it is clear from the amended complaint that the two-year limitations period bars any negligence claim based on the failure to return a security deposit. (See Am. Compl. at 5:22-6:1 [injuries allegedly ongoing since April 2015].) As a result, and given Taylor’s failure to establish a reasonable likelihood he can cure the pleading defect through amendment, the demurrer to his negligence claim is sustained without leave to amend.

Breach of Contract and Violation of CC § 1950.5

The court does not read the demurrer to contain an argument that the allegations about contract liability and statutory liability fail to state a valid a cause of action. To the extent the demurrer was meant to tender such an argument, it is overruled.

Disposition

The demurrer to the negligence claim is sustained without leave to amend on grounds that the allegations fail to state a valid cause of action.

The balance of the demurrer is overruled. The motion to transfer is denied.

Logos is directed to file and serve its answer no later than 2/01/19.

The minute order is effective immediately. No formal order pursuant to CRC 3.1312 or further notice is required.