On September 04, 2020 a
Order
was filed
involving a dispute between
Prager Jay H.,
and
Whitsett Valley Village Llc,
Zisblatt Howard,
for Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
in the District Court of Los Angeles County.
Preview
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
Central District, Stanley Mosk Courthouse, Department 40
20STCV33907 April 26, 2021
JAY H. PRAGER vs WHITSETT VALLEY VILLAGE, LLC, A 8:30 AM
CALIFORNIA LIMITED LIABILITY COMPANY, et al.
Judge: Honorable David Sotelo CSR: None
Judicial Assistant: A. Velasco-Posadas ERM: None
Courtroom Assistant: M. Navarro Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): Gary N. Schwartz (Telephonic)
For Defendant(s): Benjamin Samuel Taylor (Telephonic)
NATURE OF PROCEEDINGS: Hearing on Demurrer - without Motion to Strike
The Court's tentative ruling is provided to all sides via the Court's website.
The matter is called for hearing and argued.
The Court rules as follows:
Plaintiff Jay H. Prager sues Defendants Whitsett Valley Village, LLC, and its principal Howard
Zisblatt, Esq. (collectively, “Defendants”) alleging they have refused to provide written
confirmation of the amended terms of an installment note. The First Amended Complaint again
(“FAC”) alleges causes of action for:
1) Declaratory Relief;
2) Financial Elder Abuse.
The Court previously overruled Defendants’ demurrer as to the declaratory relief claim but
sustained as to the elder abuse. Defendants today demurrer to the elder abuse claim.
DEMURRER - OVERRULED
In 2002, Defendants purchased an apartment building in Valley Village from Plaintiff (whose
age then around 83 years). (FAC, ¶ 23.) As payment, Defendants provided Plaintiff with an
Installment Note (the “Note”). (FAC, ¶ 11). The Note was to be paid in full on November 1,
2009. (Ibid.)
On November 1, 2009, the parties (Plaintiff’s age around 89) entered into a written agreement to
Minute Order Page 1 of 2
Document Filed Date
April 26, 2021
Case Filing Date
September 04, 2020
Category
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
Status
Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR 08/05/2021
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