Nature of Proceedings: Demurrer to Third Amend. Compl. (2)
Wallace’s demurrer to third amended complaint
Kistner’s demurrer to third amended complaint
RULINGS
The Court (1) overrules the demurrer to first cause of action for fraud; (2) sustains the demurrer to the third cause of action for financial elder abuse, with leave to amend; (3) overrules the general demurrer, and (4) sustains the special demurrer to the fifth cause of action for cancellation of written instrument, with leave to amend.
BACKGROUND
3AC: Alleges that plaintiff is a 69-year-old New Mexico resident, who owns property at 100 Miramar Avenue in Santa Barbara. Defendant Wallace resided at her property from about 1988 to 2010, along with his domestic partner, defendant Kistner, and their child. The property has 1 main house and 4 cottages, on about 1.5 acres. The cottages were rented out by plaintiff (and before her, by her mother) for about 50 years, with the main house intended to remain available for
Hearing Date
February 21, 2012
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Nature of Proceedings: Demurrer to Third Amend. Compl. (2)
Wallace’s demurrer to third amended complaint
Kistner’s demurrer to third amended complaint
RULINGS
The Court (1) overrules the demurrer to first cause of action for fraud; (2) sustains the demurrer to the third cause of action for financial elder abuse, with leave to amend; (3) overrules the general demurrer, and (4) sustains the special demurrer to the fifth cause of action for cancellation of written instrument, with leave to amend.
BACKGROUND
3AC: Alleges that plaintiff is a 69-year-old New Mexico resident, who owns property at 100 Miramar Avenue in Santa Barbara. Defendant Wallace resided at her property from about 1988 to 2010, along with his domestic partner, defendant Kistner, and their child. The property has 1 main house and 4 cottages, on about 1.5 acres. The cottages were rented out by plaintiff (and before her, by her mother) for about 50 years, with the main house intended to remain available for