CU23-05134
Demurrer and Motion to Strike filed by Defendant TURNSTONE HOA
TENTATIVE RULING RE: DEMURRER
The demurrer of defendant TURNSTONE HOMEOWNERS ASSOCIATION is overruled
in its entirety.
In adjudicating this demurrer, the court considered only those matters that appeared on
the face of the complaint. In determining the sufficiency of a cause of action, the court
assumed the truth of all material facts properly pleaded, no matter how unlikely.
Whether plaintiffs may subsequently prove the allegations was of no concern in ruling
on the demurrer.
With regard to the second cause of action for enforcement of equitable servitudes, the
first amended complaint states sufficient facts to constitute this cause of action.
Although the first amended complaint alleges that some of the alleged maintenance
problems were addressed by defendant HOA, it also alleges that maintenance problems
continue to exist, including inadequate lighting, inadequate security, inadequate
surfaces on the streets,