Tentative ruling issued by Judge Ronald L. Styn on Aug. 02, 2018 in San Diego County, CA - Case no: xxxxxCTL

Defendant Sara Jurenkova's demurrer to complaint is overruled.

The court finds the complaint alleges facts sufficient to support a cause of action for conversion – Plaintiff's ownership or right to possession of the property [Cplt. ¶¶ 8, 9, 15] and Defendant's conversion by a wrongful act or disposition of property rights [Cplt. ¶¶ 10, 13, 16] and damages [Cplt. ¶¶ 18-21]. Lee v. Hanley (2015) 61 Cal.4th 1225, 1240. The court also finds the complaint alleges facts sufficient to support a cause of action for trespass to chattel – Defendant's interference with Plaintiff's possession of personal property [Cplt. ¶¶ 8, 9, 10, 13, 16] and damages [Cplt. ¶¶ 18-21]. Thrifty-Tel, Inc. v. Bezenek (1996) 46 Cal.App.4th 1559, 1566.

Although Defendant relies on CCP § 411.35 and § 411.36, Defendant fails to establish the applicability of CCP § 411.35 (titled "Malpractice actions; architects, engineers, or surveyors; certificate of review and consultation; res ipsa loquitur ex….....