Excerpt: ...n his capacity as Trustee of the John Scruggs revocable Trust and the Scruggs Family Irrevocable Trust. Armstead demurs thereto, pursuant to Code of Civil Procedure sections 430.10, 430.30, and 430.50, on grounds that TAC fails to allege facts sufficient to state a cause of action against Armstead, and further because the Subject Claim is fatally uncertain as the allegations are vague, ambiguous, and/or unintelligible. The gravamen of Plaintiff's...

Excerpt: ...is Civil Proceeding pending resolution of the parallel felony Criminal Complaint against the Plaintiff...styled People v. Charleen Patrice Wignall A.K.A. Charleen Patrice Ewing, Joan Helen Sturges....” (Id. at 2:24 -3:3.) The Court takes judicial notice of its file in that matter, bearing Case No. 19CR003416. (Evid. Code, § 452, subd. (d).) Plaintiff's request that the Court take judicial notice of various filings in this action is GRANTED. ...

Excerpt: ...or the child while defendant paid the mortgage. She even states in her deposition that they were not married, “but we were living as a married couple.” Although defendant may contest this deposition testimony, the claims appear objectively reasonable based on this evidence. Thus, the Court cannot conclude that the pleading was brought for an improper purpose or is indisputably without merit, either legally or factually. The case is not frivol...

Excerpt: ...rial by jury. (Code Civ. Proc., § 631, subd. (g).) Defendant's motion is thin in terms of detailing inadvertence. (See Mackenzie Decl., ¶ 9, Ex. B [after plaintiff's counsel informed defendant's counsel that plaintiff was waiving her right to a jury trial, defendant's counsel responded in an October 29, 2019 email: “On further consideration, [defendant] will be seeking a jury trial.”].) But the Court believes it would be an abuse of discret...