Dallas Dalton, Ted Munoz, Keith DeCosta vs Punta Gorda Apartments, Lynnelle Williams

Case Number

24CV00914

Case Type

Hearing Date / Time

Wed, 10/22/2025 - 10:00

Nature of Proceedings

Demurrer and Motion to Strike as to a First Amended Complaint (FAC), together with a CMC

Tentative Ruling

Ilan Rosen Janfaza for Plaintiffs

Serena Nervez, Scott S. Mizen, for Defendants

RULINGS

For the CMC

   CMCS filed by Plaintiffs by Ilan N. Rosen Janfaza, on 10/13/25: Reports that while living at apartment owned by Defendant, Plaintiffs suffered medical injuries (physical scarring and emotional scarring) and monetary damages from bedbug bites. Future medical expenses: scar removal surgery $5000-$7000, psychological therapy $2000 -3000. Estimated Future lost earnings: TBD. No equitable relief sought.

  Louie Perez has not been served; plan to check necessity with counsel.

   Lyon John Family Trust; John H. Lyon; Punta Gorda Apartments, retained counsel yet to file answer; Defense has been granted extension to Answer until October 20, 2025 [no answer filed]. Does not acknowledge a trial date has been set.

   CMCS filed by Defendants by Scott S. Mizen on 10/13/25: reports no trial date set.

   Plaintiff will take the default of the Defendants whose answer was due 10/20/25 -- today 10/22/25.

For the Motion to Strike and Demurrer.

   The original complaint asserted 13 causes of action against six Defendants.

   On May 28, 2025, the Court sustained the demurrer, with leave to amend of Defendant Willbridge of Santa Barbara, Inc., as to the first and thirteenth causes of action, and otherwise overruling the demurrer; the Court granted the motion to strike in part, with leave to amend, to strike allegations related to punitive damages.

   The FAC was filed on June 10, 2025, omitting two causes of action (the eighth and ninth of the original complaint) but otherwise reasserting the remaining eleven causes of action. In this demurrer, Defendant Willbridge again demurs to the first and eleventh (formerly, thirteenth) causes of action and Defendants Lynnelle Williams and Cynthia Rubio demur to all causes of action except the second (negligence). Willbridge, Williams, and Rubio also all move to strike allegations relating to punitive damages.

   While the demurrer and motion to strike as to the original complaint was vigorously opposed, no opposition has been filed to this demurrer and motion to strike. The demurrer and motion to strike were originally noticed for hearing on September 24, but the hearing was continued by stipulation and order to this date of October 22 to accommodate counsel. There is no explanation for the absence of opposition. Proofs of service on three additional Defendants were filed after this demurrer and motion to strike; according to Plaintiffs’ CMC statement, they are to file responsive pleadings by October 20.

     The absence of opposition suggests that this is resolved, which in turn suggests that working these matters up on the merits is futile.

   The demurrer and motion to strike are vacated - mooted by the events.

   The Court confirms the following dates that were set at the 4/23/25 CMC [Parties Present: Ilan Rosen Janfaza Plaintiff’s Attorney (via Zoom); Scott Mizen Defendant’s Attorney (via Zoom)]

Final CMC 1/28/26 at 8:30am

MSC 3/27/26 at 8:30 am in Department 5

Trial Date is 4/22/26 at 11:30 for Pretrial Conference [jury comes over on 4/23/26]