Tentative Ruling on Demurrer to Complaint in Light of Pending Family Law Case Yazdani v. Yazdani, Case No. 2021-13897
August 27, 2021, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
This is an action between divorced spouses relating to real property in Cardiff held in joint tenancy. The property was acquired during the parties' marriage, and is addressed in their MSA. Plaintiff alleges claims for breach of contract and breach of fiduciary duty, and seeks an accounting and other equitable relief. The complaint was filed in March of 2021.
Defendant now specially demurs, urging that the dispute must be resolved in the family court action. ROA 9-13. Plaintiff filed opposition. ROA 17-19. Defendant filed reply. ROA 20. The court has reviewed the papers, and no further submissions are authorized in connection with this demurrer.
2. Applicable Standards.
A. A party against whom a complaint is filed may demur to that complaint on the ground that "[t]here is another action pendi
Hearing Date
August 25, 2021
Category
Civil - Unlimited
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Tentative Ruling on Demurrer to Complaint in Light of Pending Family Law Case Yazdani v. Yazdani, Case No. 2021-13897
August 27, 2021, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
This is an action between divorced spouses relating to real property in Cardiff held in joint tenancy. The property was acquired during the parties' marriage, and is addressed in their MSA. Plaintiff alleges claims for breach of contract and breach of fiduciary duty, and seeks an accounting and other equitable relief. The complaint was filed in March of 2021.
Defendant now specially demurs, urging that the dispute must be resolved in the family court action. ROA 9-13. Plaintiff filed opposition. ROA 17-19. Defendant filed reply. ROA 20. The court has reviewed the papers, and no further submissions are authorized in connection with this demurrer.
2. Applicable Standards.
A. A party against whom a complaint is filed may demur to that complaint on the ground that "[t]here is another action pendi