Defendants Lomas Serenas Property Owners Association, Anthony Ditty, and Thomas Demere's Motion to Join Indispensable Party, or, in the alternative, Motion to Dismiss for Failure to Join Indispensable Party is GRANTED in part, and DENIED in part.
Over Defendants' objection, the court has considered Plaintiff's Opposition and concurrent filings. However, the court is not persuaded by Plaintiff's arguments in the Opposition. The court finds Mrs. Varga is a necessary party and must be joined. (Code of Civ. Proc., § 389; Save Our Bay, Inc. v. San Diego Unified Port Dist. (1996) 42 Cal.App.4th 686, 692.) Plaintiff fails to establish the property at issue is community property. (Frank Pisano & Associates v. Taggart (1972) 29 Cal.App.3d 1, 23; see also Estate of Mitchell (1999) 76 Cal.App.4th 1378, 1385 ["[p]roperty cannot be held both as community property and in either a joint tenancy or a tenancy in common at the same time."].) Plaintiff and Mrs. Varga's declarations asserting a legal con
Hearing Date
February 13, 2020
Category
Civil - Unlimited
Type
Non-PI/PD/WD tort - Other
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Defendants Lomas Serenas Property Owners Association, Anthony Ditty, and Thomas Demere's Motion to Join Indispensable Party, or, in the alternative, Motion to Dismiss for Failure to Join Indispensable Party is GRANTED in part, and DENIED in part.
Over Defendants' objection, the court has considered Plaintiff's Opposition and concurrent filings. However, the court is not persuaded by Plaintiff's arguments in the Opposition. The court finds Mrs. Varga is a necessary party and must be joined. (Code of Civ. Proc., § 389; Save Our Bay, Inc. v. San Diego Unified Port Dist. (1996) 42 Cal.App.4th 686, 692.) Plaintiff fails to establish the property at issue is community property. (Frank Pisano & Associates v. Taggart (1972) 29 Cal.App.3d 1, 23; see also Estate of Mitchell (1999) 76 Cal.App.4th 1378, 1385 ["[p]roperty cannot be held both as community property and in either a joint tenancy or a tenancy in common at the same time."].) Plaintiff and Mrs. Varga's declarations asserting a legal con