antonio marquez, Plaintiff, v. GUILLERMO MAYORGA, et al. Defendants.
Case No.: 19STCV16442
Hearing Date: June 26, 2020
[TENTATIVE] order RE:
Demurrer to first AMENDed COMPLAINT
Background
Plaintiff Antonio Marquez (Marquez) commenced this action against Defendant Guillermo Mayorga (Guillermo) on May 10, 2019. The operative pleading is the First Amended Complaint (FAC) filed on May 15, 2019. The FAC asserts causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, and (3) quiet title to 3407 Rodeo Road, Los Angeles, CA 90018 (Home). The FAC alleges in pertinent part as follows.
In June 2002, Marquez’s daughter, Anjelica Mayorga (Anjelica) married Guillermo.
In September 2003, Marquez, Anjelica, and Guillermo entered into an oral agreement (Oral Agreement) to purchase the Home. Under the terms of the Oral Agreement, the parties agreed that Marquez would be the true 100% owner of the Home even though Anjelica’s and Guillermo’s
Hearing Date
June 26, 2020
Type
Other Real Property (not eminent domain, landlord/tenant, foreclosure) (General Jurisdiction)
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antonio marquez, Plaintiff, v. GUILLERMO MAYORGA, et al. Defendants.
Case No.: 19STCV16442
Hearing Date: June 26, 2020
[TENTATIVE] order RE:
Demurrer to first AMENDed COMPLAINT
Background
Plaintiff Antonio Marquez (Marquez) commenced this action against Defendant Guillermo Mayorga (Guillermo) on May 10, 2019. The operative pleading is the First Amended Complaint (FAC) filed on May 15, 2019. The FAC asserts causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, and (3) quiet title to 3407 Rodeo Road, Los Angeles, CA 90018 (Home). The FAC alleges in pertinent part as follows.
In June 2002, Marquez’s daughter, Anjelica Mayorga (Anjelica) married Guillermo.
In September 2003, Marquez, Anjelica, and Guillermo entered into an oral agreement (Oral Agreement) to purchase the Home. Under the terms of the Oral Agreement, the parties agreed that Marquez would be the true 100% owner of the Home even though Anjelica’s and Guillermo’s