SUBJECT: Motion for judgment on the pleadings

Moving Party: Defendants Sunrise Financial LLC, Shahram Elyaszadeh, Yonah Samih, Citivest Financial Services Inc., and Edward Mazzarino

Resp. Party: Plaintiff Lucerne Valley LLC



The motion for judgment on the pleadings is DENIED as to Sunrise, Elyaszadeh, and Samih. The motion is GRANTED as to Citivest and Mazzarino.


BACKGROUND:

Plaintiff commenced this action on 8/18/15 against defendants on the following causes of action: (1) vacate trustee’s deed of sale; (2) vacate trustee’s deed of sale; (3) quiet title; (4) breach of contract and breach of fiduciary duty; (5) fraud; and (6) violation of Business and Professions Code section 17200. The actions pertain to plaintiff’s agreement with Sunrise to secure refinancing of loans plaintiff had with other lenders.


ANALYSIS:

Defendants seek judgment on the pleadings as........