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