Jon Merriman, et al., v. Robert Mundt, et al., 20STCV16381
Tentative decision on application for right to attach order: denied
Plaintiffs Jon Merriman (“Jon”) and Odile Merriman (“Odile”) (collectively the “Merrimans”) seek a right to attach order against Defendant Robert Mundt (“Mundt”) in the amount of $690,000.
The court has read and considered the moving papers[1], opposition,[2] and reply,[3] and renders the following tentative decision.
A. Statement of the Case
1. Complaint
Plaintiffs commenced this action on April 29, 2020, alleging causes of action for: (1) fraud; (2) negligent misrepresentation; (3) breach of contract; (4) breach of warranty; (5) construction defect (strict liability); (6) negligence; and (7) unfair business practices. The Complaint alleges in pertinent part as follows.
On December 26, 2017, the Merrimans agreed to buy what they believed was a $2,400,000 luxury home from Mundt located at 2353 Waring Drive in Agoura Hills (“Property”). Mundt, directly an
Hearing Date
October 27, 2020
Type
Fraud (no contract) (General Jurisdiction)
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Jon Merriman, et al., v. Robert Mundt, et al., 20STCV16381
Tentative decision on application for right to attach order: denied
Plaintiffs Jon Merriman (“Jon”) and Odile Merriman (“Odile”) (collectively the “Merrimans”) seek a right to attach order against Defendant Robert Mundt (“Mundt”) in the amount of $690,000.
The court has read and considered the moving papers[1], opposition,[2] and reply,[3] and renders the following tentative decision.
A. Statement of the Case
1. Complaint
Plaintiffs commenced this action on April 29, 2020, alleging causes of action for: (1) fraud; (2) negligent misrepresentation; (3) breach of contract; (4) breach of warranty; (5) construction defect (strict liability); (6) negligence; and (7) unfair business practices. The Complaint alleges in pertinent part as follows.
On December 26, 2017, the Merrimans agreed to buy what they believed was a $2,400,000 luxury home from Mundt located at 2353 Waring Drive in Agoura Hills (“Property”). Mundt, directly an