tentative ruling

DEMURRER TO CROSS-COMPLAINT

Calendar: 8

Date: 5/11/18

Case No. EC 067094 Trial Date: January 14, 2019

Case Name: Yu, et al v. Lu, et al.

Moving Party: Cross-Defendants Frederick Yu and Megan Way Mun Wong

Responding Party: Cross-Complainant Kathy Lu

RULING:

Demurrer to First Claim for Relief of Cross-Complainant’s Cross-Complaint is OVERRULED.

Ten days to answer.

RELIEF REQUESTED:

Sustain demurrer to Cross-Complaint

MEET AND CONFER? Ok

CAUSES OF ACTION: From Cross-Complaint

1) Usury

SUMMARY OF FACTS:

Plaintiffs Frederick Yu and Megan Way Mun Wong allege that in June of 2009, upon the death of the father of defendant Jam Lu, plaintiff Yu discussed purchasing real property located in Monterey Park, held by a family trust of which defendant Lillian Lu, Jam Lu’s wife, and her siblings were the named beneficiaries. The beneficiaries agreed to sell the property to defendants Jam and Lillian, and it was suggested to plaintiff Yu that the parties, Yu and Lillia