YUDOWITZ VS. LEE

Case No.: MSC17-01363     Track Rulings In Case

HEARING ON DEMURRER TO 1st Amended COMPLAINT

FILED BY KIM WAI LEE, WONG HILDA LEE

* TENTATIVE RULING: *

Defendants’ demurrer to the (first) Amended Complaint (“FAC”) is overruled. Defendants shall file and serve their answer by August 9, 2018.

Plaintiff Michael Yudowitz has sued Defendants Kim Wai Lee and Wong Hilda Lee for breach of contract, fraud and negligent misrepresentation, which are all based on an alleged nondisclosure by Defendants. Plaintiff alleges that he purchased a house from Defendants based in part on the view the house had. (FAC ¶6.) However, after Plaintiff purchased the house he learned that the view was not as good as it was when the property was sold. (FAC ¶7) Plaintiff alleges that Defendants trimmed three feet off a hedge on a neighbor’s property and when the hedge started to grow back it obstructed the view. (FAC ¶5.)

Defendants demur to all three causes of action based on the failure ........