Excerpt: ...ause of action [false imprisonment]: Khoury's case reported in the news is not on point; Sustain without leave to amend; 5 th cause of action [piercing corporate veil]: This is not a proper cause of action or a claim upon which substantive relief can be granted; Sustain without leave to amend; 6 th cause of action [fraud]: Mvng Pty fails to allege justifiable reliance by Khoury; Further, Khoury's allegations are contradicted by exhibits; Sustain ...

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Excerpt: ...ook steps reasonably calculated to apprise Pltfs of the existence of the program at the time of warranty disputes; Deny. ...

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Excerpt: ...nds of uncertainty; Pltf failed to allege facts showing that Deft published a defamatory statement of fact; Sustain with 10 days leave to amend; Strike Portions of Complaint Grant as to Item 1 [page 1, line 25 to page 2, line 2]; Grant as to Item 2 [page 2, lines 2-5] specifically the word ‘similarly'; Deny balance of Item 2; Deny as to Item 3 [page 3, lines 25-26]; Moot as to Item 4 [page 16, line 1]; Deny as to Item 5 [page 16, lines 3-4]; Gr...

Excerpt: ...o amend; 5 th cause of action [CC§2923 et seq]: Ruiz is not a borrower; Pltfs do not allege materiality of any purported violation; Has Trustee's deed been recorded? If not, Pltfs may only obtain an injunction; Sustain with 10 days leave to amend; 6 th cause of action [quiet title]: Pltfs have not paid the debt so this remedy is not available; Sustain with 10 days leave to amend; Strike Portions of Complaint Moot based on above. ...

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Excerpt: ...; This showing supports the appointment of a receiver under CCP§564(b)(1); Grant motion as follows: -Deft to change title to the real property to show Pltf and Deft as joint tenants [if this has not already been done]; -Cooperate in the listing marketing and sale of the property; -Hold the sale proceeds in a blocked account pending resolution of the underlying disputes; Unless Deft vacates the property by Saturday, 1/27/18, the Court will appoin...

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Excerpt: ...nst the Ogorzalek Deft; Sustain with 10 daysleave to amend; Special Motion to Strike The Ogorzalek Defts have failed to make a threshold showing that the challenged causes of action arise from protected activity; The gravamen of Pltf's claims are breach of fiduciary duty and elder abuse, not protected activities; Deny. ...