(2) Demurrer to Defendants’ Cross-Complaints
Background.
On March 27, 2018, Judith Locke (Plaintiff) filed a verified complaint against Dennis Massie and Samantha Massie (collectively Defendants) asserting causes of action for (1) partition of real property by sale; (2) partition of personal property; (3) injunctive relief/temporary restraining order; (4) accounting; (5) common count – money had and received; and (6) conversion of personal property.
Plaintiff and Mr. Massie are alleged to have been in a long-term romantic relationship which ended in June 2016. (Compl., ¶ 12.) Plaintiff alleges that she and Mr. Massie each own, as tenants-in-common, an undivided one-half interest in certain real property located at 30 2nd Street, Templeton, California (the Subject Property). (Compl., ¶¶ 1, 3, 8.) Plaintiff alleges she acquired her interest in the Subject Property on or about May 2, 2001, pursuant to a Grant Deed, and visited Mr. Massie “and stayed in the home several times a month.” (Co
Hearing Date
December 18, 2018
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(2) Demurrer to Defendants’ Cross-Complaints
Background.
On March 27, 2018, Judith Locke (Plaintiff) filed a verified complaint against Dennis Massie and Samantha Massie (collectively Defendants) asserting causes of action for (1) partition of real property by sale; (2) partition of personal property; (3) injunctive relief/temporary restraining order; (4) accounting; (5) common count – money had and received; and (6) conversion of personal property.
Plaintiff and Mr. Massie are alleged to have been in a long-term romantic relationship which ended in June 2016. (Compl., ¶ 12.) Plaintiff alleges that she and Mr. Massie each own, as tenants-in-common, an undivided one-half interest in certain real property located at 30 2nd Street, Templeton, California (the Subject Property). (Compl., ¶¶ 1, 3, 8.) Plaintiff alleges she acquired her interest in the Subject Property on or about May 2, 2001, pursuant to a Grant Deed, and visited Mr. Massie “and stayed in the home several times a month.” (Co