Judge: Lee W. Tsao, Case: VC066680, Date: 2023-03-09 Tentative Ruling

Case Number: VC066680    Hearing Date: March 9, 2023    Dept: C

CALDERON v. 5633 MAYWOOD, LLC

CASE NO.:  VC066680                               

HEARING:  03/09/23

#7

TENTATIVE ORDER

Cross-Defendant PACIFIC PREMIER BANK’s Demurrer to Defendants/Cross-Complainants/Cross-Defendants JOSE ALVARENGA; WILLIAM DIMAS; and JUAN HERNANDEZ’s First Amended Cross-Complaint is SUSTAINED with 10 days leave to amend.

Moving Party to give Notice.

Cross-Defendant PACIFIC PREMIER BANK’s Request for Judicial Notice is GRANTED as to the existence of the documents, but not as to any hearsay statements contained therein. (Cal. Ev. Code §452.)

This action was filed on November 1, 2017. On September 28, 2022, the operative First Amended Cross-Complaint (“FAXC”) was filed by Defendants/Cross-Complainants/Cross-Defendants JOSE ALVARENGA; WILLIAM DIMAS; and JUAN HERNANDEZ (“Cross-Complainants”).

The FAXC asserts the following causes of action: (1) Partial Indemnity; (2) Equitable Indemnity; and (3) Declaratory Relief.

Cross-Defendant PACIFIC PREMIER BANK (“PPB”) generally demurs to each cause of action.

“The elements of a cause of action for indemnity are (1) a showing of faut on the part of the indemnitor and (2) resulting damages to the indemnitee for which the indemnitor is… equitably responsible. [Citation.]” (Bailey v. Safeway, Inc. (2011) 199 Cal.App.4th 206, 217.)

“An escrow holder is an agent and fiduciary of the parties to the escrow. The agency created by the escrow is limited—limited to the obligation of the escrow holder to carry out the instructions of each of the parties to the escrow.” (Summit Financial Holdings, Ltd. V. Continental Lawyers Title Co. (2002) 27 Cal.4th 705, 711.)

As argued in the instant Demurrer, Cross-Complainants fail to sufficiently allege that they—as individuals—were parties to the escrow at issue. Thus, Cross-Complainants have failed to sufficiently allege that PPB owed any duties to Cross-Complainants regarding the subject transaction. In Opposition, the individual Cross-Complainants do not argue that they are parties to the escrow.

In the interests of justice, the Demurrer is SUSTAINED with 10 days leave to amend.

The Court notes that the case was partially settled between Plaintiff J. VLADIMIR CALDERON and Defendants 5633 MAYWOOD, LLC; JOSE ALVARENGA; JUAN HERNANDEZ; and WILLIAM DIMAS at the MSC held on February 28, 2023.