The general Demurrer (ROA # 31) of Cross-Defendants BAILEY MIRAMAR SELF STORAGE, LP, IREA PROPERTIES, LLC, BRAD S. BAILEY, RAPHAEL GARCIA aka RAFAEL GARCIA, FRANCISCO VARGAS aka FRANK VARGAS, and MARMOL EXPORT CORPORATION ("Cross-Defendants") to causes of action 7 - 11 in the First Amended Cross-Complaint ("FAC-C") filed by Cross-Complainants SASAN ROSHAN, PARISSA ROSHAN, SOHEIL Z. ROSHAN, trustee of the Roshan Family Trust, AZIMEH S. ROSHAN, trustee of the Roshan Family Trust, and EASTGATE AUTO CENTER, BODY & TOWING INC. ("Cross-Complainants"), is OVERRULED.
Unless an amended pleading is immediately forthcoming regarding the claim for punitive damages (see below), Cross-Defendants are ordered to file and serve Answers to the FAC-C within twenty (20) days of this hearing.
The basis for this ruling is set forth below.
7th COA: NUISANCE
The recovery of damages on a nuisance theory requires proof that the invasion of Plaintiff's interest in the use and enjoyment of the land was substa
Hearing Date
November 13, 2020
Category
Civil - Unlimited
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The general Demurrer (ROA # 31) of Cross-Defendants BAILEY MIRAMAR SELF STORAGE, LP, IREA PROPERTIES, LLC, BRAD S. BAILEY, RAPHAEL GARCIA aka RAFAEL GARCIA, FRANCISCO VARGAS aka FRANK VARGAS, and MARMOL EXPORT CORPORATION ("Cross-Defendants") to causes of action 7 - 11 in the First Amended Cross-Complaint ("FAC-C") filed by Cross-Complainants SASAN ROSHAN, PARISSA ROSHAN, SOHEIL Z. ROSHAN, trustee of the Roshan Family Trust, AZIMEH S. ROSHAN, trustee of the Roshan Family Trust, and EASTGATE AUTO CENTER, BODY & TOWING INC. ("Cross-Complainants"), is OVERRULED.
Unless an amended pleading is immediately forthcoming regarding the claim for punitive damages (see below), Cross-Defendants are ordered to file and serve Answers to the FAC-C within twenty (20) days of this hearing.
The basis for this ruling is set forth below.
7th COA: NUISANCE
The recovery of damages on a nuisance theory requires proof that the invasion of Plaintiff's interest in the use and enjoyment of the land was substa