Judge: Nathan R. Scott, Case: Kort v. Lee, Date: 2022-11-04 Tentative Ruling

Lee Demurrer

Defendants Jason Lee’s, Hoon Lee’s, and Janet Lee,’s Demurrer is overruled as to the 8th and 12th causes of action and otherwise sustained. (See Code Civ. Proc. §430.10.)

 

Plaintiffs John Kort and Nancy Kort shall have leave to file and serve a second amended complaint within 15 days.

 

Uncertainty.  The complaint is not “so incomprehensible that a defendant cannot reasonably respond.”  (Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.)  Any “ambiguities can be clarified under modern discovery procedures.”  (Ibid.)

 

7th cause of action, cancellation. The FAC fails to state facts sufficient to constitute this claim.  It fails to allege facts showing the deed itself is void or voidable. 

 

8th cause of action, fraudulent conveyance.  The FAC states facts sufficient to constitute this claim. 

 

9th-10th causes of action, resulting/constructive trust.  The FAC fails to state facts sufficient to constitute these claims, which are not causes of action at all.  (See Habitat Trust for Wildlife, Inc. v. City of Rancho Cucamonga (2009) 175 Cal.App.4th 1306, 1332; Martin v. Kehl (1983) 145 Cal.App.3d 228, 238.)

 

Plaintiffs shall have leave to assert these remedy in connection with an appropriate cause of action.

 

11th cause of action, partition.  The FAC fails to state facts sufficient to constitute this claim.  It fails to allege plaintiffs and defendants are co-owners.  (See Code Civ. Proc. § 872.210.)

 

12th causes of action, Section 17200.  The FAC states facts sufficient to constitute this claim.

 

Coldwell Demurrer

Defendants Coldwell Banker Residential Brokerage Company, Ophir Adar, Tony Papillo, Sandra Deering, and James Duran’s demurrer is sustained as to the 1st, 3rd, & 5th causes of action by defendants Adar, Papillo, Deering and Duran and otherwise overruled.

 

Plaintiffs shall have leave to file and serve a second amended complaint within 15 days.

 

Uncertainty.  The complaint is not “so incomprehensible that a defendant cannot reasonably respond.”  (Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.)  Any “ambiguities can be clarified under modern discovery procedures.”  (Ibid.)

 

Coldwell:  1st, 3rd, and 5th causes of action, fraud/theft/negligent misrepresentation.  The FAC states facts sufficient to constitute these claims.  It alleges Coldwell employs Jason Lee and ratified his acts and omissions.  (See FAC ¶¶ 49, 87.) 

 

Adar, Papillo, Deering and Duran:  1st, 3rd, and 5th causes of action, fraud/theft/negligent misrepresentation:  The FAC fail to state facts sufficient to constitute these claims.  It fails to allege any facts rendering them vicariously liable for Jason Lee’s acts and omissions.

 

Plaintiff’s request for judicial notice is denied. 

 

The court declines to consider the reply exhibits.

 

Park Demurrer

Defendants Chang D. Park and OK Exterminators Inc.’s  demurrer is sustained as to the 8th cause of action and otherwise overruled. (See Code Civ. Proc. § 430.10.)

 

Plaintiffs shall have leave to file and serve a second amended complaint within 15 days.

 

1st, 3rd, and 12th causes of action, fraud/theft/Section 17200.  The FAC states facts sufficient to state these cause of action.  It alleges facts showing these defendants aided and abetted Jason Lee’s acts and omissions.

 

8th cause of action, fraudulent conveyance.  The FAC fails to state facts sufficient to constitute this claim.  It fails to allege any funds received by these defendants was used to purchase the La Habra Heights property.

 

Park Motion to Strike

Defendants Park’s and OK Exterminators’  motion to strike is denied.  The FAC states facts sufficient to support punitive damages.

 

Defendant Jason Lee shall give notice of all rulings.