SUBJECT: Demurrer and Motion to Strike the FACC

Moving Party: Plaintiff/Cross-Defendant Frank McHugh

Responding Party: Defendant/Cross-Complainant Adam L. Greenfield

The demurrer is SUSTAINED without leave to amend.

The motion to strike is denied as MOOT.

BACKGROUND:

On July 21, 2015, Plaintiff Frank McHugh and Defendant Adam L. Greenfield entered into a Settlement Agreement to resolve Los Angeles County Superior Court Case No. BC515684 (Greenfield v. McHugh, et al.) (Complaint, ¶7.) Pursuant to the Settlement Agreement, McHugh was obligated to: (1) Deed the following three properties to Greenfield: APN’s: 6316-006-010; 6316-006-017; 6316-006-013 (“the Atlantic Property”) and in exchange, McHugh was to receive a note for $1,000,000.00 secured by a Deed of Trust on these properties; (2) Remove any existing lien, including assignment of rents or mortgage of $500,000.00 on the Atlantic Property; (3) Deed the following five properties to Greenfield: APN’s: 8137-020-026; 8137-020-028;