Judge: Peter A. Hernandez, Case: 23PSCV00858, Date: 2023-08-16 Tentative Ruling

Case Number: 23PSCV00858    Hearing Date: August 16, 2023    Dept: K

1.&2. The hearing on Defendant Eugene Grant Lee’s Demurrer to Complaint and Motion to Strike Portions of Complaint is CONTINUED TO October 25, 2023 at 9:30 a.m.

Background[1]  

Plaintiff Hye Kyung Lee (“Plaintiff”) alleges as follows:

Plaintiff and Uisuk Lee aka Locky Lee (“Uisuk”) were married. Uisuk owned the property located at 215 Amber Ridge Lane, Walnut, CA 91789 (“subject property”) as his separate property. After Uisuk had a seizure, he decided to convey the subject property to Plaintiff and instructed Plaintiff to file for divorce (i.e., Case No. PSFL00102) in an attempt to protect against health care costs. Uisuk’s son, Eugene Grant Lee (“Defendant”), became involved in the family law proceedings and filed for conservatorship of Uisuk in Case No. 21STPB02243. Defendant argued that Uisuk lacked capacity to convey the subject property to Plaintiff. Defendant and Plaintiff entered into a settlement agreement in Case No. 21STPB02243, but Defendant has failed to pay the monies due therein. Defendant also pressured Plaintiff to enter into the aforesaid agreement, which was written in English. Uisuk has since died and Defendant has filed an action as to Uisuk’s estate (i.e., Case No. 22STPB11272).

On March 23, 2023, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-10 for:

1.                  Fraud and Deceit

2.                  Quiet and Clear Title

3.                  Unjust Enrichment (Quasi Contract)

4.                  Constructive Trust

5.                  Breach of Contract

6.                  Intentional Infliction of Emotional Distress

A Case Management Conference is set for August 16, 2023.

Discussion

Defendant demurs to the first through sixth causes of action in Plaintiff’s complaint and moves to strike portions of Plaintiff’s complaint.

The court will continue the hearing on Defendant Eugene Grant Lee’s Demurrer to Complaint and Motion to Strike Portions of Complaint to October 25, 2023 at 9:30 a.m. Counsel for Defendant is instructed to file a California Rules of Court Rule 3.300-compliant Notice of Related Case in Case Nos. PSFL00102 and 22STPB11272, as well as in the instant case, within five court days from the hearing date.