Judge: Olivia Rosales, Case: VC066680, Date: 2022-10-11 Tentative Ruling

Case Number: VC066680    Hearing Date: October 11, 2022    Dept: SEC

CALDERON v. 5633 MAYWOOD, LLC

CASE NO.:  VC066680

HEARING: 10/11/22 @ 10:30 AM

 

#4

TENTATIVE RULING

 

Cross-Defendant Pacific Premier Bank/Commerce Escrow’s demurrer to second amended cross-complaint of 5633 Maywood, LLC is SUSTAINED with 10 days leave to amend.

 

Moving Party to give NOTICE.

 

 

Cross-Defendant Pacific Premier Bank/Commerce Escrow (“Commerce”) demurs to the 2nd – 4th causes of action on the ground that they fail to state facts sufficient to constitute a cause of action.

 

The action was filed by Plaintiff J. Vladimir Calderon on November 1, 2017.  The operative First Amended Complaint (“FAC”) alleges that Defendant 5633 Maywood, LLC entered into a contract with Plaintiff on September 19, 2017, whereby Plaintiff agreed to buy and Defendant agreed to sell its Property for $3,400,000.  (FAC, ¶ 13.)  Defendant did not proceed with the sale.  (Id., ¶ 15.)  Based thereon, the Complaint asserts causes of action for:

 

1.    Breach of Contract

2.    Breach of the Covenant of Good Faith and Fair Dealing

3.    Voidable Transfer – Fraud

4.    Voidable Transfer – Constructive Fraud

5.    Violation of Corp. Code §§ 17704.05 and 17704.06

 

5633 Maywood, LLC’s operative Second Amended Cross-Complaint (“SAXC”) asserts causes of action for:

 

1.    Breach of Contract (v. Calderon)

2.    Partial Indemnity on a Comparative Fault Basis (v. Pacific Premier, Commerce Escrow, JJ Little Co., Little, and Rodriguez)

3.    Total Equitable Indemnity on a Comparative Fault Basis (v. Pacific Premier, Commerce Escrow, JJ Little Co., Little, and Rodriguez)

4.    Declaratory Relief (v. all Cross-Defendants)

 

 

 

2nd – 4th CAUSES OF ACTION

 

Cross-Defendant demurs to the causes of action because the pleadings do not allege any factual basis for which Cross-Defendant may be held comparatively at fault for the underlying Breach of Contract.

 

In opposition, Cross-Complainant agrees that the arguments in the demurrer are well taken, and that additional facts need to be alleged.  Cross-Complainant requests leave to amend.

 

Accordingly, the demurrer is SUSTAINED with 10 days leave to amend.