2014-00162081-CU-OR

Aberzine Fisher vs. Capitol City Partners, Inc.

Nature of Proceeding:   Hearing on Demurrer

Filed By:  Ring, Lawrence T.

Defendants Capitol City Partners, Inc., and Placer Foreclosure, Inc. (collectively,
“Defendants”) UNOPPOSED Demurrer to Plaintiff Aberzine Fisher’s (“Plaintiff”)
Complaint is SUSTAINED with LEAVE TO AMEND.

Defendants’ Request for Judicial Notice, which attaches various court filings and
orders in Plaintiff’s bankruptcy proceedings as well as various recorded documents, is
unopposed and granted.

The Demurrer is sustained for the reasons stated in Defendants’ memorandum of
points and authorities.  (Def.’s Ps & As at 2-11.)  As currently pled, the Complaint fails
to “state facts sufficient to constitute a cause of action.”  (Code Civ. Proc. § 430.10(e).)
The allegations therein are also uncertain and ambiguous with respect to which
allegations are ascribed to which defendants.  (Code Civ. Proc. § 430.10(f).)  Further,
several causes of action may be completely barred by res judicata given the debt and
foreclosure issues apparently determined in Plaintiff’s bankruptcy proceedings.  The
Court construes Plaintiff’s failure to oppose the demurrer as a concession on the
merits.  (Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20.)  Nonetheless,
as this is Defendant’s first challenge to the complaint, leave to amend is granted.

Plaintiff may file and serve a First Amended Complaint no later than July 14, 2014.
Defendants shall file and serve its response within 10 days thereafter, 15 days if the
amended complaint is served by mail.  (Although not required by any statute or rule of
court, Plaintiff is requested to attach a copy of the instant minute order to the amended
complaint to facilitate the filing of the pleading.)