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,
Hearing Date
March 09, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
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,