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This case was last updated from Los Angeles County Superior Courts on 06/11/2019 at 00:30:12 (UTC).

JOSE MIGUEL TORRES VS. PINNACLE ESTATE PROPERTIES, INC

Case Summary

On 12/06/2016 JOSE MIGUEL TORRES filed a Property - Other Property Fraud lawsuit against PINNACLE ESTATE PROPERTIES, INC. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judge overseeing this case is MELVIN D. SANDVIG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7448

  • Filing Date:

    12/06/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Chatsworth Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MELVIN D. SANDVIG

 

Party Details

Plaintiffs and Minors

TORRES JOSE MIGUEL

TORRES MARIA GUADALUPE

Defendants

PINNACLE ESTATE PROPERTIES INC

SOMLO HOLDINGS LLC

OLMOS JUAN

HERNANDEZ GLENDA

THOMULKA RUSSELL J.

ANAYA LAW GROUP

Guardian Ad Litem

TORRES JOSE MIGUESL GUARDIAN TO ALL

Minors

TORRES VANESSA

TORRES JOEY

TORRES JOSE MIGUEL

TORRES MARITZA

TORRES SIIAWN A.

TORRES MIGUEL A.

TORRES ANGELICA

TORRES MARVIN

Attorney/Law Firm Details

Minor and Plaintiff Attorneys

CAST ANEDA/BARTON LLP

RODRIGUEZ RENAY GRACE

Defendant Attorneys

THOMULKA RUSSELL JAMES

MALEK JONATHAN ALEXAN

 

Court Documents

Unknown

1/11/2017: Unknown

Summons

1/11/2017: Summons

Unknown

2/14/2017: Unknown

Case Management Statement

4/24/2017: Case Management Statement

Unknown

5/3/2017: Unknown

Unknown

5/3/2017: Unknown

Unknown

5/3/2017: Unknown

Unknown

6/8/2017: Unknown

Unknown

6/8/2017: Unknown

Case Management Statement

11/14/2017: Case Management Statement

Minute Order

11/8/2018: Minute Order

Minute Order

2/21/2019: Minute Order

Substitution of Attorney

4/2/2019: Substitution of Attorney

Declaration

4/3/2019: Declaration

Motion to Dismiss

4/3/2019: Motion to Dismiss

Proof of Service (not Summons and Complaint)

4/17/2019: Proof of Service (not Summons and Complaint)

Stipulation

5/9/2019: Stipulation

Substitution of Attorney

5/28/2019: Substitution of Attorney

32 More Documents Available

 

Docket Entries

  • 06/04/2019
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Motion to Dismiss - Held - Motion Granted

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  • 06/04/2019
  • Minute Order ( (HEARING ON MOTION TO DISMISS)); Filed by Clerk

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  • 05/28/2019
  • Substitution of Attorney; Filed by JOSE MIGUEL TORRES (Plaintiff)

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  • 05/28/2019
  • Substitution of Attorney; Filed by MARIA GUADALUPE TORRES (Plaintiff)

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  • 05/15/2019
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Post-Arbitration Status Conference - Held

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  • 05/15/2019
  • Minute Order ( (POST-ARBITRATION STATUS CONFERENCE)); Filed by Clerk

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  • 05/09/2019
  • Request (For Continuance of Post Arbitration Status Conference re:Report for Post Arbitration Status Conference); Filed by JOSE MIGUEL TORRES (Plaintiff); MARIA GUADALUPE TORRES (Plaintiff); MIGUEL A. TORRES (Legacy Party) et al.

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  • 05/09/2019
  • Stipulation - No Order (Stipulation of Jose Miguel Torres); Filed by JOSE MIGUEL TORRES (Plaintiff)

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  • 04/30/2019
  • Notice of Motion and Jose Miguel Torres' Motion for Orders to Sever the Action, Vacate the Stay and Leave to File a Second Amended Complaint; Memorandum of Points and Authorities; Request for Judicial Notice; Filed by JOSE MIGUEL TORRES (Plaintiff); MARIA GUADALUPE TORRES (Plaintiff)

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  • 04/17/2019
  • AMENDED PROOF OF SERVICE ON NOTICE OF MOTION FOR DEFENDANT SOMLO HOLDINGS, LLC A CALIFORNIA LIMITED LIABILITY COMPANY AND JUAN OLMOS TO DISMISS FOR FAILURE TO COMPLY WITH ORDER TO ARBITRATE; MEMORANDUM OF POINTS AND AUTHORITIES; Filed by SOMLO HOLDINGS, LLC (Defendant); JUAN OLMOS (Defendant)

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33 More Docket Entries
  • 01/11/2017
  • Ord Apptng Guardian Ad Litem; Filed by MARVIN TORRES (Legacy Party)

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  • 01/11/2017
  • Ord Apptng Guardian Ad Litem; Filed by MIGUEL A. TORRES (Legacy Party)

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  • 01/11/2017
  • Ord Apptng Guardian Ad Litem; Filed by SHAWN A. TORRES (Legacy Party)

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  • 01/11/2017
  • Ord Apptng Guardian Ad Litem; Filed by CAST ANEDA/BARTON LLP (Attorney); JOEY TORRES (Legacy Party)

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  • 01/11/2017
  • Ord Apptng Guardian Ad Litem; Filed by ANGELICA TORRES (Legacy Party)

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  • 01/11/2017
  • Ord Apptng Guardian Ad Litem; Filed by VANESSA TORRES (Legacy Party)

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  • 01/11/2017
  • Summons (on Complaint); Filed by JOSE MIGUEL TORRES (Plaintiff); MARIA GUADALUPE TORRES (Plaintiff)

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  • 12/07/2016
  • Notice of Case Assignment - Unlimited Civil Case (and Notice of Case Management Conference); Filed by Clerk

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  • 12/06/2016
  • Civil Case Cover Sheet; Filed by JOSE MIGUEL TORRES (Plaintiff); MARIA GUADALUPE TORRES (Plaintiff)

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  • 12/06/2016
  • Complaint; Filed by JOSE MIGUEL TORRES (Plaintiff); MARIA GUADALUPE TORRES (Plaintiff)

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Tentative Rulings

Case Number: PC057448    Hearing Date: August 31, 2020    Dept: F47

Dept. F-47

Date: 8/31/20

Case #PC057448

MOTION FOR JUDGMENT ON THE PLEADINGS

Motion filed on 1/21/20.

MOVING PARTY: Defendants Somlo Holdings, Inc. and Juan Olmos

RESPONDING PARTY: Plaintiff Maria Guadalupe Torres

NOTICE: ok

RELIEF REQUESTED: An order granting judgment on the pleadings in favor of Defendants as to all causes of action asserted by Plaintiff Maria Guadalupe Torres in the First Amended Complaint.

RULING: The unopposed motion is granted.

Defendants Somlo Holdings, Inc.’s and Juan Olmos’ Request for Judicial Notice (RJN) is granted.

This action arises out of the sale of a single family home from Defendant Somlo Holdings, Inc. to Plaintiff Jose Miguel Torres. Plaintiffs allege that the house was on a septic system, the septic system was somehow defective, Defendant Juan Olmos failed to disclose the defects and Plaintiffs were injured as a result of the defects in the septic system.

The First Amended Complaint contains causes of action for: (1) fraud against all defendants, (2) negligent misrepresentation against all defendants, (3) unjust enrichment against Olmos and Somlo Holdings, (4) breach of contract against Olmos and Somlo Holdings, (5) breach of implied covenant of good faith and fair dealing against Olmos and Somlo Holdings and (6) violation of CC 1102, et seq. against all defendants. The First Amended Complaint does not assert which of the Plaintiffs is asserting the causes of action.

The property was sold to Jose Torres in October 2013. (See RJN, Ex.3, 5, 6; FAC ¶¶49-50 and Ex.A and B attached thereto). In December 2013, Plaintiff Maria Guadalupe Torres transferred all of her interest in the property to Jose Miguel Torres by way of a quitclaim deed. (RJN, Ex.4). Therefore, Plaintiff Maria Guadalupe Torres has no interest in the subject property. As such, she has no basis to assert the claims alleged in the First Amended Complaint. See Gantman (1991) 232 CA3d 1560, 1566. As noted by the Court in its ruling denying Ms. Torres’ request to amend, her claims against Defendants are an attempt to obtain damages for her husband, Juan Miguel Torres’, claims which were subject to the arbitration Mr. Torres failed to complete and which were dismissed by the Court on 6/4/19. Ms. Torres’ claims against Defendants arise solely from her husband’s purchase of the property. It would be unjust to allow Ms. Torres to now assert claims to obtain the same damages her husband, the owner of the property and the real party in interest, is precluded from obtaining.

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