8/12/2020

Dept. 73

Rafael Ongkeko, Judge presiding

JAMES WILLIAM TENEROWICZ v. ERROL SPIRO, et. al. (19STCV4962)

Counsel for Plaintiff: Penelope Deihl, David Taran, Leeran Abukasis (Clark Hill LLP)

Counsel for Defendants: Jeffrey Huron (Dykema Gossett, LLP)

DEMURRER to PLAINTIFF’S Complaint (filed 4/20/2020)

The demurrer is sustained as to the first and second causes of action without leave to amend. The demurrer is sustained as the third cause of action with leave to amend.

See Instructions/Order re leave to amend on last page.

Discussion

On December 23, 2019 Plaintiff filed this action against Defendants Errol Spiro, Miller and Desatnik Realty Corp. (“Miller”), alleging causes of action for:

C/A 1: Violation of Government Code § 8227.1

C/A 2: Violation of Government Code § 8227.3

C/A 3: Intentional Infliction of Emotional Distress

C/A 4: Negligence

C/A 5: Elder Abuse

Plaintiff suffers from moderately severe cognitive deficits in multiple areas, including short-term me