CASE NAME: Gross v. DLI Properties, LLC, et al.

CASE NO.: BC628671

HEARING DATE: 10/24/17

DEPARTMENT: 37

CALENDAR NO.: 10

TRIAL DATE: 4/9/19

NOTICE: OK

SUBJECT: Demurrer to the Third Amended Complaint and Motion to Strike

DEMURRING/MOVING Defendants DLI Properties, LLC and Genesis Capital Master

PARTY: Fund II

OPPOSING PARTY: Plaintiff John F. Gross

The demurrer is SUSTAINED without leave to amend. Counsel for Defendants DLI Properties, LLC and Genesis Capital Master Fund II to give notice.

This action arises out of a trustee’s sale of real property located at 8920 Dorrington Ave., West Hollywood, CA 90048 (the “Subject Property”). As set forth in the Third Amended Complaint (“TAC”), the facts of the case are as follows. Plaintiff John F. Gross alleges that he obtained a purchase money loan (“Subject Transaction”) in July 2007 from Defendant Indymac Bank FSB (“Indymac”) but that he cancelled the loan shortly thereafter because he determined the terms of the loan were unfavo