On September 05, 2019 a
No Value
was filed
involving a dispute between
Jacobs As Successor Trustee Of The Winonia Strickland Myles Living Trust Aeriaka Myles,
Myles An Individual By And Through Her Guardian Ad Litem Aeriaka Myles Jacobs Winonia Strickland,
Myles Winonia Strickland,
Winona Strickland Myles As Trustee,
Winonia Strickland Myles Living Trust,
and
Ajax Mortgage-Backed Securities,
Catamount Properties 2018 Llc,
Gregory Funding,
Series 2018-G By U.S. Bank National Association,
Wells Fargo Bank N.A.,
for Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) (General Jurisdiction)
in the District Court of Los Angeles County.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
Central District, Stanley Mosk Courthouse, Department 48
19STCV31365 September 30, 2020
WINONIA STRICKLAND MYLES vs CATAMOUNT 10:00 AM
PROPERTIES 2018, LLC
Judge: Honorable Laura A. Seigle CSR: None
Judicial Assistant: K. Lappin ERM: None
Courtroom Assistant: S. Brown Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): Jonathan M. Genish appears via CourtConnect
For Defendant(s): Julie Ann Choi appears via CourtConnect; Nabeel M. Zuberi appears via
CourtConnect
NATURE OF PROCEEDINGS: Hearing on Demurrer - without Motion to Strike to first
amended complaint; Case Management Conference
***With Regards to the Demurrer***
The matter is called for hearing and argued.
After hearing oral argument, the Court issues its ruling as follows:
The Demurrer - without Motion to Strike filed by Catamount Properties 2018, LLC on
05/11/2020 is Overruled.
ORDER RE: DEMURRER TO FIRST AMENDED COMPLAINT
On March 23, 2020, Plaintiffs Winonia Strickland Myles as Trustee of the Winonia Strickland
Myles Living Trust (“Plaintiff”) filed a first amended complaint (“FAC”) against Catamount
Properties 2018, LLC (“Catamount”), Gregory Funding LLC (“Gregory Funding”), and Ajax
Mortgage-Backed Securities (“Ajax”). On May 11, 2020, Catamount filed this demurrer to the
fifth cause of action for quiet title. Catamount’s request for judicial notice in connection with the
demurrer is granted.
When considering demurrers, courts read the allegations liberally and in context, accepting the
alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.)
Courts also consider exhibits attached to the complaint and incorporated by reference. (See
Frantz v. Blackwell (1987) 189 Cal.App.3d 91, 94.)
Minute Order Page 1 of 3
Document Filed Date
September 30, 2020
Case Filing Date
September 05, 2019
Category
Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) (General Jurisdiction)
Status
Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR 02/14/2022
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Central District, Stanley Mosk Courthouse, Department 48 19STCV31365 September 30, 2020 WINONIA STRICKLAND MYLES vs CATAMOUNT 10:00 AM PROPERTIES 2018, LLC Judge: Honorable Laura A. Seigle CSR: None Judicial Assistant: K. Lappin ERM: None Courtroom Assistant: S. Brown Deputy Sheriff: None APPEARANCES: For Plaintiff(s): Jonathan M. Genish appears via CourtConnect For Defendant(s): Julie Ann Choi appears via CourtConnect; Nabeel M. Zuberi appears via CourtConnect NATURE OF PROCEEDINGS: Hearing on Demurrer - without Motion to Strike to first amended complaint; Case Management Conference ***With Regards to the Demurrer*** The matter is called for hearing and argued. After hearing oral argument, the Court issues its ruling as follows: The Demurrer - without Motion to Strike filed by Catamount Properties 2018, LLC on 05/11/2020 is Overruled. ORDER RE: DEMURRER TO FIRST AMENDED COMPLAINT On March 23, 2020, Plaintiffs Winonia Strickland Myles as Trustee of the Winonia Strickland Myles Living Trust (“Plaintiff”) filed a first amended complaint (“FAC”) against Catamount Properties 2018, LLC (“Catamount”), Gregory Funding LLC (“Gregory Funding”), and Ajax Mortgage-Backed Securities (“Ajax”). On May 11, 2020, Catamount filed this demurrer to the fifth cause of action for quiet title. Catamount’s request for judicial notice in connection with the demurrer is granted. When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) Courts also consider exhibits attached to the complaint and incorporated by reference. (See Frantz v. Blackwell (1987) 189 Cal.App.3d 91, 94.) Minute Order Page 1 of 3