Tentative ruling on Oct. 04, 2022 in Fresno County, CA - Case no: xxxxx057

Re: Giannetta v. Lemus, et al.
Superior Court Case No. 21CECG1057
Hearing Date: October 4, 2022 (Dept. 501)
Motion: by Defendant Mauro R. Weyant Demurring to the Complaint
Tentative Ruling:
To overrule. (Code Civ. Proc., § 430.010, subd. (e).) Defendant Mauro R. Weyant is
granted 20 days’ leave to file his Answer to the Complaint. The time in which the Answer
can be filed will run from service by the clerk of the minute order.
Explanation:
Defendant Mauro R. Weyant demurs to the second cause of action for conversion
on the ground that the Complaint fails to state a claim. Mr. Weyant contends that the
subject property of the action is not amenable to conversion as a matter of law. To state
a claim for conversion, a plaintiff must allege: “(1) the plaintiff’s ownership or right to
possession of the property; (2) the defendant’s conversion by a wrongful act or disposition
of property rights; and (3) damages.” (Lee v….....