paula boyd, Plaintiff, v. DAVID F. FREEMAN, et al. Defendants.

Case No.: BC588216

Hearing Date: September 11, 2019

[TENTATIVE] order RE:

Demurrer to first amended cross-complaint

BACKGROUND

A. Complaint

On July 16, 2015, Plaintiff Paula Boyd (“Boyd”) filed the original complaint in this action. On November 10, 2015, Boyd filed a First Amended Complaint (“FAC”) against Defendants David Freeman (“Freeman”) and T.D. Service Company (“TD”) (collectively, “Defendants”) alleging causes of action for (1) wrongful foreclosure, (2) setting aside trustee sale, (3) voiding or canceling trustee’s deed upon sale, (4) unjust enrichment, and (5) quiet title. The FAC alleges in pertinent part as follows.

Boyd was the owner of a 16-unit apartment complex located at 125 W. Chestnut Street, Glendale, CA 91205 (“Property”). Boyd received over $12,000 a month from these rental units.

Freeman recommended that Boyd borrow money from him to purchase Alondra Coin Laundry and Market. Boyd agreed. In De