Judge: John J. Kralik, Case: 21GDCV01353, Date: 2022-12-09 Tentative Ruling
Case Number: 21GDCV01353 Hearing Date: December 9, 2022 Dept: NCB
North Central District
ANDREW BERGMAN, et al.,
Plaintiffs, v.
ISAAC BLOCHER, et al.,
Defendants. |
Case No.: 21GDCV01353
Hearing Date: December 9, 2022 [TENTATIVE] ORDER RE: MOTIONS TO QUASH SERVICE |
BACKGROUND
A. Allegations
Plaintiffs Andrew Bergman, Andrew Bondarczuk, Edward Bondarczuk, Matthew Bondarczuk, Steve Bondarczuk, Cain Hernandez, Joshua Miller, Aaron Mullenix, Christopher Nuesa, Jane Park, William Marc Salsberry, Trevor Schmidt, Aaron Stogner, Brian Walters, and Carlos Zoller (“Plaintiffs”) commenced this action against Defendant Isaac Blocher, Kristie Blocher, Aneaka English, Blocher Holdings LLC, Consortium Title, LLC, Wholesale Listings Ltd. Co., LLC, Wholesale Real Estate, LLC, WSRE South Carolina, LLC aka WSRE S. Carolina, LLC, WSRE Georgia, LLC, Selling N. Atlanta, LLC, Selling Real Estate, LLC, Selling N. Charleston, LLC, Selling N. Richmond, LLC, WSRE Florida, LLC, and E.S. Real Estate Consortium Corp. Shepherds, LLC is named as a nominal defendant.
Plaintiffs allege that they are members and investors of Shepherds LLC. Isaac and Kristie Blocher are alleged to be the members of Blocher Holdings LLC (now dissolved) and Blocher Holdings LLC served as the manager for Shepherds LLC. Isaac Blocher is also alleged to be the manager of Shepherds LLC.
Plaintiffs allege that Isaac Blocher made false promises to Plaintiffs to induce their investment into Shepherds LLC, such as promising he would generate income for Plaintiffs, be a professional investment mortgage broker and private lender, be a good steward to Plaintiffs’ investment, etc. (FAC, ¶42.) In reliance on Isaac Blocher’s representations, Plaintiffs invested a total of $2,437,488 into Shepherds LLC. Plaintiffs allege that Isaac Blocher invested nearly all of Plaintiffs’ funds with Aneaka English and transferred nearly $2.1 million from the company’ bank account into Aneaka English’s bank account. Plaintiffs allege that Aneaka English subsequently stole the money. Plaintiffs allege that this and other conduct by Isaac Blocher amounted to grossly negligence and/or reckless investing and behavior.
The first amended complaint (“FAC”), filed July 1, 2022, alleges causes of action for: (1) breach of fiduciary duty – count one – direct cause of action; (2) breach of fiduciary duty – count two – derivative cause of action; (3) conversion – count one – direct cause of action; (4) conversion – count two – derivative cause of action; (5) fraud – count one – direct cause of action; (6) negligence – count one – direct cause of action; (7) negligence – count two – derivative cause of action; (8) breach of written contract – count one – direct cause of action; (9) breach of written contract – count two – derivative cause of action; (10) breach of the covenant of good faith and fair dealing – direct cause of action; (11) violation of Bus. & Profs. Code, §§ 17200 et seq. – count one – direct cause of action; (12) violation of Bus. & Profs. Code, §§ 17200 et seq. – count two – derivative cause of action; (13) accounting – count one – direct cause of action; and (14) accounting – count two – derivative cause of action.
On January 6, 2022 and October 3, 2022, Plaintiffs filed Amendments to the Complaint naming Aneaka English (incorrect name) to Aneaka English aka Aneaka Ukah (true name).
On January 26, 2022, the defaults of Isaac Blocher, Kristie Blocher, and Blocher Holdings LLC were entered.
B. Motions on Calendar
There are six motions on calendar.
On November 7, 2022, Aneaka English filed a motion to quash the service of the summons and dismiss the FAC.
On November 7, 2022, Wholesale Real Estate LLC filed a motion to quash service of the summons and dismiss the FAC.
On November 7, 2022, WSRE Florida LLC, WSRE Georgia LLC, and Selling N. Atlanta LLC filed a single motion to quash service of the summons and dismiss the FAC with three reservation numbers.
On November 7, 2022, E.S. Real Estate Consortium Corp. filed a motion to quash service of the summons and dismiss the FAC.
On November 28, 2022, Plaintiffs filed a combined opposition to the motions to quash for Aneaka English, Wholesale Real Estate LLC, WSRE Florida LLC, WSRE Georgia LLC, Selling N. Atlanta LLC, E.S. Real Estate Consortium Corp., Consortium Title LLC, and Wholesale Listings Ltd. Co. (The Court notes that Consortium Title LLC, and Wholesale Listings Ltd. Co.’s motions are set for hearing on December 16, 2022.)
On December 2, 2022, Defendants filed an omnibus reply brief.
DISCUSSION
There are 6 motions to quash set for this date.
The Court notes that there are 6 additional motions to quash service set for December 16, 2022, including a motion by Selling N. Charleston LLC, two combined motions by Consortium Title LLC, and Wholesale Listings Ltd. Co., and three combined motions by WSRE South Carolina LLC aka WSRE S. Carolina LLC, Selling N. Richmond LLC, and Selling Real Estate LLC.
The Court will continue the hearing on the motions set for the December 9, 2022 date to December 16, 2022 so that all of the motions to quash may be heard together.
CONCLUSION AND ORDER
The six motions to quash the service of the summons and dismiss the complaint filed by: (1) Defendant Aneaka English; (2) Defendant Wholesale Real Estate LLC; and (3) Defendants WSRE Florida LLC, WSRE Georgia LLC, and Selling N. Atlanta LLC are continued to December 16, 2022 at 8:30 a.m. in this Department B.
Defendants shall provide notice of their respective order.