Ahern
Ahern v. Asset Management Consultants CA2/5
Opinion
Opinion
Mosk, J.
INTRODUCTION
Plaintiffs and appellants (plaintiffs)1 appeal from a judgment entered following the sustaining of demurrers in favor of defendants and respondents (defendants). 2 According to plaintiffs, the trial court erred when it sustained defendants’ demurrers to plaintiffs’ declaratory relief claim without leave to amend because they had alleged sufficient facts to establish an actual controversy and there were no other adequate forms of alternative relief available. We hold that because plaintiffs could not allege the existence of the requisite actual controversy, the trial court did not err in sustaining defendants’ demurrers without leave to amend. We further hold that the trial court did not abuse its discretion in sustaining the demurrers on the ground that there was an adequate form of alternative relief available. We therefore affirm the judgment of dismissal.
BACKGROUND
A. First Action
1. Complaint In May 2012, plaintiffs filed a class action in the Superior Court of the County of Los Angeles, case number BC484356 (first action), against, inter alia, defendants. Plaintiffs sought to represent a class of persons who purchased limited partnership interests in…