rachel howitt, et al.; Plaintiffs, vs. cathy scullin, et al.; Defendants.

Case No.: 19STCV18048

Related Cases:

BC581496

BC645362

Hearing Date: January 21, 2020

[TENTATIVE] RULING RE:

Defendants’ demurrer to the second AMENDED complaint

Defendants’ Demurrer to the Second Amended Complaint is OVERRULED.

Defendants’ Motion to Strike Portions of the Second Amended Complaint is DENIED.

Factual Background

This is an action for breach of contract. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiffs Rachel Howitt and Michael Zugsmith are Trustees of the Zugsmith Family Trust, Dated July 25, 1990 (the “Zugsmiths”). (SAC p. 1.) In 2001, the Zugsmiths and Defendants Cathy Scullin and Robert Scullin (the “Scullins”) acquired title to a commercial building in their respective revocable family trusts. (SAC ¶¶ 3-4, 9.) In 2005, title of the building transferred to Defendant Ventura Gaviota, LLC (“VG LLC”) and the two couples managed the building amicably for over a decade,