Nature of Proceedings: Demurrer to Answer, Motion to Strike
Santa Barbara County Superior Court
Department 5
Judge Colleen K. Sterne

Tentative Ruling
July 22, 2013

Case: AMSS, LLC v. Los Meganos Homeowners Association,
Case No. 1417328
Matter: Demurrer to Answer to Complaint; Motion to Strike Portions of Answer to Complaint

Tentative Ruling:

Plaintiff’s demurrer to the second through tenth affirmative defenses in defendant’s answer to the complaint is sustained. Plaintiff’s motion to strike paragraphs 2 and 3 of the prayer to defendant’s answer is granted, but in all other respects the motion to strike is denied.
Discussion:

In this action, plaintiff has sued defendant for unlawful detainer following a foreclosure sale. The property at issue is a condominium located in Carpinteria, California. Defendant initially demurred to the complaint, but the demurrer was overruled. On July 12, 2013, defendant filed its answer that included ten affirmative def