On 09/27/2019 JUANA ANDRADE filed a Contract - Other Contract lawsuit against RAFAEL C CABRERA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Disposed - Dismissed.
Disposed - Dismissed
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
CABRERA RAFAEL C
KELLENER JOSEPH WIND
5/10/2021: Order - Dismissal - Order - Dismissal
5/10/2021: Minute Order - Minute Order (Order to Show Cause Re: Status of Settlement and Dismissal;)
4/8/2021: Certificate of Mailing for - Certificate of Mailing for [Minute Order (Non-Jury Trial;)]
8/17/2020: Substitution of Attorney - Substitution of Attorney
3/26/2021: Minute Order - Minute Order (Non-Jury Trial;)
3/26/2021: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial;) of 03/26/2021
3/4/2020: Answer - Answer
2/20/2020: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)
2/6/2020: Reply (name extension) - Reply Opposition to Demurrer
1/24/2020: Opposition (name extension) - Opposition to Defendant's Demurrer and Demurrer to the Complaint
12/26/2019: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike
12/26/2019: Request for Judicial Notice - Request for Judicial Notice
9/27/2019: First Amended Standing Order - First Amended Standing Order
9/27/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
9/27/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
9/27/2019: Summons - Summons on Complaint
9/27/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
9/27/2019: Complaint - Complaint
DocketOn the Complaint filed by Juana Andrade on 09/27/2019, entered Order for Dismissal without prejudice as to the entire actionRead MoreRead Less
DocketOrder - Dismissal; Issued and Filed by: ClerkRead MoreRead Less
DocketMinute Order (Order to Show Cause Re: Status of Settlement and Dismissal;)Read MoreRead Less
DocketCertificate of Mailing for (Order to Show Cause Re: Status of Settlement and Dismissal;) of 05/10/2021; Filed by: ClerkRead MoreRead Less
DocketOrder to Show Cause Re: Status of Settlement and Dismissal scheduled for 05/10/2021 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 05/10/2021; Result Type to HeldRead MoreRead Less
DocketCertificate of Mailing for [Minute Order (Non-Jury Trial;)]; Filed by: ClerkRead MoreRead Less
DocketAddress for Joseph Wind Kellener (Attorney) updatedRead MoreRead Less
DocketOrder to Show Cause Re: Status of Settlement and Dismissal scheduled for 05/10/2021 at 09:30 AM in Spring Street Courthouse at Department 26Read MoreRead Less
DocketMinute Order (Non-Jury Trial;)Read MoreRead Less
DocketCertificate of Mailing for (Non-Jury Trial;) of 03/26/2021; Filed by: ClerkRead MoreRead Less
DocketComplaint; Filed by: Juana Andrade (Plaintiff); As to: Rafael C Cabrera (Defendant)Read MoreRead Less
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/30/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94Read MoreRead Less
DocketRequest to Waive Court Fees; Filed by: Juana Andrade (Plaintiff)Read MoreRead Less
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Juana Andrade (Plaintiff)Read MoreRead Less
DocketCivil Case Cover Sheet; Filed by: Juana Andrade (Plaintiff)Read MoreRead Less
DocketSummons on Complaint; Issued and Filed by: ClerkRead MoreRead Less
DocketNotice of Case Assignment - Limited Civil Case; Filed by: ClerkRead MoreRead Less
DocketFirst Amended Standing Order; Filed by: ClerkRead MoreRead Less
DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk CourthouseRead MoreRead Less
DocketNon-Jury Trial scheduled for 03/26/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94Read MoreRead Less
Case Number: 19STLC08887 Hearing Date: February 20, 2020 Dept: 26
Andrade v. Cabrera, et al.
(CCP § 430.31, et seq.)
Defendant Rafael C. Cabrera’s Demurrer to the Complaint is OVERRULED. Defendant TO FILE AND SERVE AN ANSWER WITHIN 20 DAYS’ NOTICE OF THIS ORDER.
On September 27, 2019, Plaintiff Juana Andrade (“Plaintiff”) filed the instant action for breach of contract, unjust enrichment and unfair business practices against Defendant Rafael C. Cabrera (“Defendant”). On December 26, 2019, Defendant filed the instant Demurrer to the Complaint. Plaintiff filed an opposition to the Demurrer on January 24, 2020, and Defendant filed a reply on February 6, 2020.
The Court finds that the Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Park Decl., ¶4.) The Demurrer is also accompanied by a request for judicial notice of the following:
The entire court record in Juana Andrade v. Rafael C. Cabrera, EC062960 (the “EC Case”);
That the EC Case was dismissed by the Court for lack of prosecution on August 24, 2016;
That the EC Case Court’s minute order dated July 26, 2019 denied Plaintiff’s motion to enforce settlement; and
The declaration Plaintiff filed with the EC Court on July 11, 2019 in support of her motion to enforce settlement agreement.
The request for judicial notice is granted pursuant to Cal. Evidence Code section 452, subdivision (d). Based on the request for judicial notice and the allegations in the Complaint, the procedural posture of the case is as follows. Plaintiff filed the EC case alleging she was fraudulently induced to give Defendant Rafael C. Cabrera (“Defendant”) $50,000.00 in consideration for a home loan. The parties reached an out-of-court settlement in the EC case that was never filed with the Court, nor did the parties request that the Court retain jurisdiction under Code of Civil Procedure section 664.6 to enforce the settlement agreement. On August 24, 2016, the EC case was dismissed for lack of prosecution. On July 26, 2019, Plaintiff’s Motion to Enforce the Settlement was denied in the EC case. Plaintiff filed the instant Complaint in order to enforce the settlement agreement. Defendant demurs to the Complaint on multiple grounds, each of which the Court will address.
Special Demurrer Not Permitted in a Court of Limited Jurisdition
Defendant first demurs on the grounds that there is another action pending between the parties on the same cause of action. Defendant also demurs on the grounds that the Complaint does not allege whether the contract is oral or written. (Code Civ. Proc., § 430.10, subds. (c), (e).) This are special demurrers and not permitted in a court of limited jurisdiction. (Code Civ. Proc., § 92, subd. (c); Banerian v. O’Malley (1974) 42 Cal. App. 3d 604, 610-611.) Accordingly, the Court will not rule on these demurrers.
Statute of Limitations
Defendant also demurs on the grounds that the causes of action in the Complaint are time-barred. “[A] statute of limitations normally sets the time within which proceedings must be commenced once a cause of action accrues . . . .” (PGA West Residential Assn., Inc. v. Hulven Internat., Inc. (2017) 14 Cal.App.5th 156, 177.) A cause of action typically accrues when it is complete with all of its elements. (Pooshs v. Philip Morris USA, Inc. (2011) 51 Cal.4th 788, 797.) The date of Defendant’s wrongful conduct, therefore, is when the statute of limitations begins to run.
Defendant is confused as to the allegations in the Complaint. He argues that the actions giving rise to this case occurred more than five years ago based on the breach of contract that gave rise to the EC case. The events giving rise to this action, however, occurred in 2019. The Complaint specifically alleges that following the settlement of the EC case, Defendant failed to make the agreed-upon monthly payments starting in March 2019. (Compl., ¶24.) This action was filed less than seven months later in September 26, 2019. The demurrer based on the statute of limitations is overruled.
Based on the foregoing, Defendant Rafael C. Cabrera’s Demurrer to the Complaint is OVERRULED. Defendant TO FILE AND SERVE AN ANSWER WITHIN 20 DAYS’ NOTICE OF THIS ORDER.
Moving party to give notice.
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