Tentative Ruling: Hertz’s Demurrer is sustained without leave to amend. Chicago Title’s Demurrer is sustained. The Court is inclined to deny leave to amend.


On 12/12/16, Plaintiffs Armando Garcia and Silvia Garcia filed this action against Defendants Fremont Investment & Loan, Chase Manhattan Mortgage Corp., Chicago Title, and Michael Hertz arising out of the tax sale of a portion of real property located at 2546 Glenrose Ave., Altadena, CA 91001. The Garcias’ Third Amended Complaint (“TAC”) asserts causes of action for (1) cancellation of instruments, (2) quiet title, (3) promissory estoppel, (4) negligent misrepresentation, (5) negligence, (6) breach of contract, (7) accounting, and (8) constructive trust. On 2/3/17, Hertz filed a cross-complaint against the Garcias, Fremont, Chase Manhattan, and Chicago Title for (1) quiet title, (2) trespass, (3) establishment of easement, (4) partition, and (5) declaratory relief.

Factual Allegations of the Operative Pleadings
The property is m