MORIS SAKHAI; Plaintiff, vs. zipora atwain, et al.; Defendants.
Case No.: BC638584
Hearing Date: October 14, 2020
[TENTATIVE] RULING RE:
Defendants Zipora Atwain and Asi Rayn’s demurrer and Motion to Strike Portions of the second Amended Complaint
Defendants Zipora Atwain and Asi Rayn’s Demurrer to the Second Amended Complaint is OVERRULED.
Defendants Zipora Atwain and Asi Rayn’s Motion to Strike Portions of the First Amended Complaint is DENIED.
Factual Background
This is an action for negligence. The Second Amended Complaint (“SAC”) alleges as follows. Defendants Zipora Atwain (“Atwain”) and Asi Rayn (“Rayn”) negligently or intentionally caused water damage to Plaintiff Moris Sakhai’s (“Sakhai”) condominium unit by not promptly stopping water to flow excessively from their condominium unit to Sakhai’s unit. (SAC ¶¶ GN-1, IT-1.)
procedural history
Sakhai filed the original Complaint on October 28, 2016, alleging five causes of action:
Negligence
Trespass
Intentional Emoti
Hearing Date
October 14, 2020
Type
Intentional Bodily Injury/Property Damage/Wrongful Death (e.g., assault, vandalism, etc.) (General Jurisdiction)
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MORIS SAKHAI; Plaintiff, vs. zipora atwain, et al.; Defendants.
Case No.: BC638584
Hearing Date: October 14, 2020
[TENTATIVE] RULING RE:
Defendants Zipora Atwain and Asi Rayn’s demurrer and Motion to Strike Portions of the second Amended Complaint
Defendants Zipora Atwain and Asi Rayn’s Demurrer to the Second Amended Complaint is OVERRULED.
Defendants Zipora Atwain and Asi Rayn’s Motion to Strike Portions of the First Amended Complaint is DENIED.
Factual Background
This is an action for negligence. The Second Amended Complaint (“SAC”) alleges as follows. Defendants Zipora Atwain (“Atwain”) and Asi Rayn (“Rayn”) negligently or intentionally caused water damage to Plaintiff Moris Sakhai’s (“Sakhai”) condominium unit by not promptly stopping water to flow excessively from their condominium unit to Sakhai’s unit. (SAC ¶¶ GN-1, IT-1.)
procedural history
Sakhai filed the original Complaint on October 28, 2016, alleging five causes of action:
Negligence
Trespass
Intentional Emoti