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  • JAY H. PRAGER VS WHITSETT VALLEY VILLAGE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL. Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction) document preview
  • JAY H. PRAGER VS WHITSETT VALLEY VILLAGE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL. Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction) document preview
						
                                

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