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ZYRA McCLOUD
10612 S. FIRST AVE
INGELWOOD CA. 90303
DEFENDANT IN PRO PER

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

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AFRICAN COMMUNITY RESOURCE

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CENTER INC.

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Plaintiffs,

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vs.

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ZYRA McCLOUD

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Defendants.

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_______________________________

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Case No.: 14R03476

DEFENDANTS NOTICE OF
DEMURRER AND DEMURRER TO
COMPLAINT; MEMORANDUM OF
POINTS AND AUTHORITIES
Date:
Time:
Dept:

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TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE

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NOTICE that on _______________ at ___________, or as soon thereafter as the matter

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may be heard, in Department ___ of the above entitled court, located at 1725 Main St., Santa

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Monica, California 90012, Defendant, Zyra McCloud, will and hereby does move the Court for

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an order sustaining a general demurrer to the unlawful detainer complaint filed by Plaintiff

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without leave to amend.

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This demurrer is made pursuant to Code of Civil Procedure 430.10(b) on the grounds that
the person who filed the complaint doses not have the legal standing or capacity to sue, thus it is

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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

fatally defective and will not support an unlawful detainer action, this demurer is also made

pursuant to California Code of Civil Procedure 430.10(e) on the grounds that the complaint

fails to state a cause of action for unlawful detainer due to no agreement between plaintiff and

the defendant..

This demurrer is based upon this notice of demurrer, the attached demurrer, the

memorandum of points and authorities, and upon such oral and documentary evidence as may be

presented by Defendant upon the hearing of the demurrer.

Dated: April ___, 2014

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By:
Zyra McCloud-defendant in Pro Per

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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

STATEMENT OF FACTS

This action is erroneously brought on behalf of the African Community Resource

Center (ACRC), by the authority of Nigisti Tesfai, aka Nikki Tesfai through the

fraudulently formation of broad of directors. ACRC is a non-profit organization

and was founded in 1984 to serve the needs of African Refugees in the greater Los

Angeles area. It has undergone drastic changes and threatened indefinite Closure, due to

the fraud and embezzlement of its former CEO and President Nigisti Tesfai, which lead to a

conviction in PEOPLE OF THE STATE OF CALIFRONAINIGISTI TESFAI,aka

NIKKI TESFAI; ISAAC TESFAYE; MERVYN DURT RIVAS and MARINE

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PANOSSIAN, Case No. BA328605 on the above mentioned charges. Because of former

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CEO and President Nigisti Tesfai criminal conduct, On October 17, 2007, by court order

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ACRC was appointed Receiver. See Ex. A.

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In July of 2012, ACRC called an emergency meeting where a resolution was pass

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removing Nigisti Tesfai from CEO and President of ACRC.

From July of 2012 to the

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present date, Nigisti Tesfai is prohibit to act any way or form on behalf of ACRC.

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The ACRC board of directors held this meeting where the above criminal acts of

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former CEO and President Nigisti Tesfai, ware discussed. At this meeting it was moved

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that former CEO and President Nigisti Tesfai be removed from the position of CEO and

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President of ACRC. The vote was unanimous and former CEO and President Nigisti Tesfai

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was then removed as CEO and President of ACRC. From July of 2011 to this date, former

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CEO and President Nigisti is not authorize to conduct any business on behalf of ACRC,

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this includes, but not limited to the bringing of this unlawful detainer action.

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Notwithstanding ACRC was the VICTIM in Case No. BA328605 and was fatally

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wounded by the embezzlement of most of it operation funds by former CEO and

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President Nigisti Tesfai, Ms Tesfai has gotten out of jail, placed a hard money loan on

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the Vista Property of $1 2,000 by assembled an illegally board of directors that came

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over to the Vista property and intimidated, harassed and threaten the Property Manager

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and Clients; former CEO and President Nigisti Tesfai, brought a Lock Smith to lock

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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

everyone out by changing the locks on the doors. Moreover former CEO and

President Nigisti Tesfai, has been ordered to make restitution to ACRC in the

Amount $325,000 and have yet to fulfill that obligation but has further place the well

being of ACRC in jeopardy by taking a loan out on its real property. , (see Ex. B

After serving three years, former CEO and President Nigisti Tesfai, was released. And at

some unknown time, fraudulently devise a Board of Directors to commit even more

fraudulently acts against ACRC.

On November 1, of 2013, former CEO and President Nigisti Tesfai and

through her fraudulently created board of directors recorded with the Los Angeles county

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Registrar-Recorder/County Clerk a SHORT FORM DEED OF TRUST AND ASSIGNEMTN

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OF RENTS, in the name ACRC and are now attempting to use this document as it right to bring

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this action.

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This court is permitted to take judicial notice of the case titled THE

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PEOPLE OF THE STATE OF CALIFRONAI vs NIGISTI TESFAI,aka NIKKI

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TESFAI;

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PANOSSIAN, Case No. . BA328605.

ISAAC

TESFAYE;

MERVYN

DURT

RIVAS

and

MARINE

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On November 14, 2011, ACRC filed a civil action in Case No. BC473453, titled

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African Community Resource Center, Inc vs Nigisti Tesfai, A., against former CEO and

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President Nigisti Tesfai alleging Fraud, Negligence, Misrepresentation, Declaratory Rilef,

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Breach of Fiduciary Duties, Accounting (Corp. Code 1601(a)), and Conversion. See Ex. C.

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MEMORANDUM OF POINTS AND AUTHORITIES

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Code of Civil Procedure (CCP) 430.10 provides in relevant part:

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That a Defendant may demurs to the each cause of action in the complaint on each of the

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following grounds:

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Demurrer is proper where, The person who filed the pleading does not have the legal

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capacity to sue. Code of Civil Procedure 430.10(b), and where, The pleading does not state

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facts sufficient to sustain a cause of action. Code of Civil Procedure 430.10(e).

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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

PLAINTIFF IS NOT THE LEGAL FORMED ACRC AND DO NOT HAVE STANDING

TO BRING THIS ACTION

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Every action must be prosecuted in the name of the real party in interest, except as
otherwise provided by statute. Code of Civil Procedure 367.
California Code of Civil Procedure 369 lists exceptions to Section 367 but none are
alleged in the complaint.

Here the Complaint is brought on behalf of ACRC, consisting of a board of directors.

However, it is Defendant contention that former CEO and President Nigisti Tesfai, after her

conviction of committed fraud upon ACRC in 2007,

and thereafter by a unanimous vote was

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remove for that position has improperly formed a board of directors to commit even more fraud

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upon ACRC.

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Defendant filed a general and special demurrer upon the ground, Inter alia, that the

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complaint failed to state a cause of action in that plaintiff has no legal capacity to sue . . . for

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damages to real property which it does not own, lease, or possess, or purport to have any

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ownership therein either legal or equitable.

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There is a difference between the Capacity to sue, which is the right to come into court,

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and the Standing to sue, which is the right to relief in court. (Parker v. Bowron, 40 Cal.2d 344,

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351, 254 P.2d 6 (1953); Klopstock v. Superior Court, 17 Cal.2d 13, 1819, 108 P.2d 906

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(1941) .) Thus, although a plaintiff may have capacity to sue, if the complaint shows that he is

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not a real party in interest and therefore lacks standing to sue, a general demurrer will be

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sustained. (Parker v. Bowron, Supra, 40 Cal.2d at p. 351, 254 P.2d 6; Klopstock v. Superior

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Court, Supra, 17 Cal.2d at p. 19, 108 P.2d 906; Dixon v. Cardozo, 106 Cal. 506, 507, 39 P. 857

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(1895); People v. Haggin, 57 Cal. 579, 587 (1881); Oakland Municipal Improvement League v.

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City of Oakland, 23 Cal.App.3d 165, 170, 100 Cal.Rptr. 29 (1972); Hart v. County of Los

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Angeles, 260 Cal.App.2d 512, 516, 517, 67 Cal.Rptr. 242 (1968).)

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An element of a cause of action for injury to real property is the plaintiff's ownership,

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lawful possession, or right to possession, of the property. (3 Witkin, Cal. Procedure (2d ed.)

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Pleading sections 499, 500, p. 2159.

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Defendant further points out that this is an internal dispute regarding who is in control of
ACRC and who may appropriately speak for the organization.

In the instant case the question of standing to sue is different from that of capacity. In

capacity is merely a legal disability, such as infancy or insanity, which deprives a party of the

right to come into court. The right to relief, on the other hand, goes to the existence of a cause of

action. It is not a plea in abatement, as is lack of capacity to sue. Where the complaint states a

cause of action in someone, but not in the plaintiff, a general demurrer for failure to state a

cause of action will be sustained. Klopstock v. Superior Court, supra, 17 Cal.2d at pages 18-19,

108 P.2d at page 909.

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. CONCLUSION

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In light of the lack of standing to bring this action and the insufficiency of the pleadings,

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Defendant respectfully requests that the entire complaint be dismissed on the basis that Plaintiffs

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lack standing to bring such an action, and if the complaint is not dismissed on such basis that the

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demurrers to the each cause of action in the Complaint be sustained.

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Dated: April ____, 2014

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Zyra McCloud-defendant in Pro Per

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DECALRATION OF DEFENATN ZYRA McCLOUD

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I, ZYRA McCLOUD, hereby declare as follow:

1. That I am the defendant named in the above entitled action;

2. That I am the current and true vise-President of ACRC

3. That former CEO and President of ACRC Nigisti Tesfai also the verifier of the

complaint has not been duly placed in the position as the current CEO and

President of ACRC;

4. That former CEO and President Nigisti Tesfai was charged and convicted in a

criminal matter for the fraud and embezzlement of money from ACRC; in

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PEOPLE OF THE STATE OF CALIFRONIA vs NIGISTI TESFAI,

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aka NIKKI TESFAI; ISAAC TESFAYE; MERVYN DURT RIVAS

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and MARINE PANOSSIAN, Case No. . BA328605;

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5. That former CEO and President Nigisti Tesfai has been ordered to restitution to
ACRC.

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6. That because of former CEO and President Nigisti Tesfai acts and conduct to

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commit fraud upon ACRC, she was formally removed from the position as CEO

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and President in July of 2011.

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7. That as of July of 2011, former CEO and President Nigisti Tesfai have not been

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reinstated to the position CEO and President.

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I, Zyra McCloud, hereby declare under penalty of perjury that the foregoing is true

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and correct, so executed on ___________, 2014, in the City of Inglewood, County

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of Los Angeles, California.

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______________________________

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Zyra McCloud- Defendant in Pro Per

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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT