SUBJECT: Demurrer to First Amended Complaint
Moving Party: Defendant Joe Klein
Responding Party: Plaintiff Daneshrad Law Firm, APC
TENTATIVE RULING:
The demurrer to the first cause of action is OVERRULED.
BACKGROUND:
Plaintiff commenced this action on 1/18/2018 against defendant for breach of contract. Plaintiff filed a first-amended complaint on 5/1/18 against defendant for breach of contract.
The dispute concerns a February 20, 2011 contract between plaintiff Daneshrad Law Firm, APC and defendant, Joe Klein, concerning three properties. The properties at issue are 3548 Multiview Drive, 35481⁄2 Multiview Drive (jointly referred to as the "Multiview Properties"), and 14745 Mulholland Drive (referred to as the "Mulholland Property"). According to the terms of the agreement, plaintiff was to be the assignor of the three properties, and defendant was to issue promissory notes, secured by deeds of trust, on the three properties. (FAC, ¶ 7.) Plaintiff also states that an oral mod
Hearing Date
June 21, 2018
Type
Othr Breach Contr/Warr-not Fraud (General Jurisdiction)
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SUBJECT: Demurrer to First Amended Complaint
Moving Party: Defendant Joe Klein
Responding Party: Plaintiff Daneshrad Law Firm, APC
TENTATIVE RULING:
The demurrer to the first cause of action is OVERRULED.
BACKGROUND:
Plaintiff commenced this action on 1/18/2018 against defendant for breach of contract. Plaintiff filed a first-amended complaint on 5/1/18 against defendant for breach of contract.
The dispute concerns a February 20, 2011 contract between plaintiff Daneshrad Law Firm, APC and defendant, Joe Klein, concerning three properties. The properties at issue are 3548 Multiview Drive, 35481⁄2 Multiview Drive (jointly referred to as the "Multiview Properties"), and 14745 Mulholland Drive (referred to as the "Mulholland Property"). According to the terms of the agreement, plaintiff was to be the assignor of the three properties, and defendant was to issue promissory notes, secured by deeds of trust, on the three properties. (FAC, ¶ 7.) Plaintiff also states that an oral mod