Superior Court of California

County of Los Angeles

Southwest District

Torrance Dept. B

CHRISTOPHER MITCHELL, Plaintiff,

Case No.: 19TRCV00045 vs. [Tentative] RULING

PETER MITCHELL, Defendant.

Hearing Date: July 16, 2019

Moving Parties: Defendant Peter Mitchell, ind. and as trustee

Responding Party: Plaintiff Christopher Mitchell

Demurrer to First Amended Complaint

The court considered the moving, opposition, and reply papers.

RULING

Defendant Peter Mitchell’s demurrer in his individual capacity is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 1st through 6th causes of action. Defendant Mitchell’s demurrer in his capacity as trustee to the 4th cause of action is SUSTAINED WITHOUT LEAVE TO AMEND.

BACKGROUND

On January 11, 2019, Christopher Mitchell filed a complaint against Peter Mitchell.

On April 16, 2019, plaintiff filed a First Amended Complaint for (1) unlawful eviction, (2) breach of contract, (3) conversion, (4) abuse of process, (5) IIED, and (6) defamation (lib