This case was last updated from Los Angeles County Superior Courts on 12/11/2021 at 02:58:35 (UTC).

DUNDAS I. FLAHERTY VS MATTHEW HOMME

Case Summary

On 02/08/2017 DUNDAS I FLAHERTY filed a Contract - Other Contract lawsuit against MATTHEW HOMME. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are HELEN ZUKIN and MITCHELL L. BECKLOFF. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7055

  • Filing Date:

    02/08/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

HELEN ZUKIN

MITCHELL L. BECKLOFF

 

Party Details

Plaintiffs

FLAHERTY DUNDAS I.

KULLI SANDRA

FLAHERTY-KULLI TRUST

Defendants

HOMME MATTHEW

HOMME NICHOLE

WEITZER ED

PEREZ JAVIER

BERNSTEIN GREGG

Not Classified By Court

DAVID DWYER

Attorney/Law Firm Details

Plaintiff Attorneys

HUGHES PERRY

COX CASTLE & NICHOLSON

HUGHES PERRY STAUFFER

Defendant Attorneys

RICHARDS DANIEL

CHRIS D. GREINKE

GREINKE CHRISTOPHER DOUGLAS

 

Court Documents

Notice - DEFENDANTS MATTHEW HOMME AND NICOLE HOMME APPENDIX OF EVIDENCE IN SUPPORT OF OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION OF ISSUES

5/28/2019: Notice - DEFENDANTS MATTHEW HOMME AND NICOLE HOMME APPENDIX OF EVIDENCE IN SUPPORT OF OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION OF ISSUES

Proof of Service (not Summons and Complaint)

5/30/2019: Proof of Service (not Summons and Complaint)

Motion in Limine - MOTION IN LIMINE PLAINTIFFS AND CROSS - DEFENDANTS' MOTION IN LIM/NE NO. 1 OF 2 TO EXCLUDE EVIDENCE OF PRIOR LITIGATION AND/OR DISPUTES WITH NEIGHBORS

5/30/2019: Motion in Limine - MOTION IN LIMINE PLAINTIFFS AND CROSS - DEFENDANTS' MOTION IN LIM/NE NO. 1 OF 2 TO EXCLUDE EVIDENCE OF PRIOR LITIGATION AND/OR DISPUTES WITH NEIGHBORS

Motion in Limine - MOTION IN LIMINE DEFENDANTS/CROSS-COMPLAINANTS' NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EXPERT AND OPINION TESTIMONY OF NANCY GILBERT, RAHUL JAIN, GREGG BERNSTEIN, LINDA KA

5/30/2019: Motion in Limine - MOTION IN LIMINE DEFENDANTS/CROSS-COMPLAINANTS' NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EXPERT AND OPINION TESTIMONY OF NANCY GILBERT, RAHUL JAIN, GREGG BERNSTEIN, LINDA KA

Motion in Limine - MOTION IN LIMINE DEFENDANTS/CROSS-COMPLAINANTS' NOTICE OF MOTION AND MOTION IN LIMINE PRECLUDING REFERENCE TO ANY SETTLEMENT OFFERS

5/30/2019: Motion in Limine - MOTION IN LIMINE DEFENDANTS/CROSS-COMPLAINANTS' NOTICE OF MOTION AND MOTION IN LIMINE PRECLUDING REFERENCE TO ANY SETTLEMENT OFFERS

Motion in Limine - MOTION IN LIMINE DEFENDANTS/CROSS-COMPLAINANTS' NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE PURSUANT TO CALIFORNIA EVIDENCE CODE 350, 352 AND 403

5/30/2019: Motion in Limine - MOTION IN LIMINE DEFENDANTS/CROSS-COMPLAINANTS' NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE PURSUANT TO CALIFORNIA EVIDENCE CODE 350, 352 AND 403

Motion in Limine - MOTION IN LIMINE DEFENDANTS/CROSS-COMPLAINANTS' NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE TESTIMONY OF UNDISCLOSED PERCIPIENT WITNESSES OF PLAINTIFFS/CROSS-DEFENDANTS PURSUAN

5/30/2019: Motion in Limine - MOTION IN LIMINE DEFENDANTS/CROSS-COMPLAINANTS' NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE TESTIMONY OF UNDISCLOSED PERCIPIENT WITNESSES OF PLAINTIFFS/CROSS-DEFENDANTS PURSUAN

Proof of Service (not Summons and Complaint)

5/30/2019: Proof of Service (not Summons and Complaint)

Proof of Personal Service

5/30/2019: Proof of Personal Service

Motion in Limine - MOTION IN LIMINE DEFENDANTS/CROSS-COMPLAINANTS' NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE OF FINANCIAL CONDITION AND BIFURCATE PUNITIVE DAMAGES CLAIM

5/30/2019: Motion in Limine - MOTION IN LIMINE DEFENDANTS/CROSS-COMPLAINANTS' NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE OF FINANCIAL CONDITION AND BIFURCATE PUNITIVE DAMAGES CLAIM

Motion in Limine - MOTION IN LIMINE DEFENDANTS/CROSS-COMPLAINANTS' NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE PURSUANT TO CALIFORNIA EVIDENCE CODE 917; DECLARATION OF CHRIS D. GREINKE

5/30/2019: Motion in Limine - MOTION IN LIMINE DEFENDANTS/CROSS-COMPLAINANTS' NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE PURSUANT TO CALIFORNIA EVIDENCE CODE 917; DECLARATION OF CHRIS D. GREINKE

Motion in Limine - MOTION IN LIMINE PLAINTIFFS AND CROSS-DEFENDANTS' MOTION IN LIM/NE NO. 2 OF 2 TO EXCLUDE EVIDENCE OF PLAINTIFFS' REQUESTS TO NEIGHBOR TO REMOVE VEGETATION IMPACTING OCEAN VIEW

5/30/2019: Motion in Limine - MOTION IN LIMINE PLAINTIFFS AND CROSS-DEFENDANTS' MOTION IN LIM/NE NO. 2 OF 2 TO EXCLUDE EVIDENCE OF PLAINTIFFS' REQUESTS TO NEIGHBOR TO REMOVE VEGETATION IMPACTING OCEAN VIEW

Motion in Limine - MOTION IN LIMINE DEFENDANTS/CROSS-COMPLAINANTS' NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE TESTIMONY, DOCUMENTS, REFERENCES TO OR ALLUSIONS TO INSURANCE BY ANY PARTY, THEIR CO

5/30/2019: Motion in Limine - MOTION IN LIMINE DEFENDANTS/CROSS-COMPLAINANTS' NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE TESTIMONY, DOCUMENTS, REFERENCES TO OR ALLUSIONS TO INSURANCE BY ANY PARTY, THEIR CO

Motion in Limine - MOTION IN LIMINE DEFENDANTS/CROSS-COMPLAINANTS' NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE FROM THE COURTROOM ANY WITNESSES NOT THEN UNDER EXAMINATION PURSUANT TO CALIFORNIA E

5/30/2019: Motion in Limine - MOTION IN LIMINE DEFENDANTS/CROSS-COMPLAINANTS' NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE FROM THE COURTROOM ANY WITNESSES NOT THEN UNDER EXAMINATION PURSUANT TO CALIFORNIA E

Declaration - SUPPLEMENTAL DECLARATION OF PERRY S HUGHES IN SUPPORT OF PLAINTIFFS REPLY TO DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION

6/6/2019: Declaration - SUPPLEMENTAL DECLARATION OF PERRY S HUGHES IN SUPPORT OF PLAINTIFFS REPLY TO DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION

Objection - OBJECTION TO EVIDENCE SUBMITTED IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION

6/6/2019: Objection - OBJECTION TO EVIDENCE SUBMITTED IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION

Reply - REPLY TO DEFENDANTS RESPONSE TO PLAINTIFFS SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION

6/6/2019: Reply - REPLY TO DEFENDANTS RESPONSE TO PLAINTIFFS SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION

Memorandum of Points & Authorities

6/6/2019: Memorandum of Points & Authorities

213 More Documents Available

 

Docket Entries

  • 06/22/2021
  • DocketObjection (TO STATEMENT OF DECISION); Filed by DUNDAS I. FLAHERTY (Plaintiff); FLAHERTY-KULLI TRUST (Plaintiff); SANDRA KULLI (Plaintiff)

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  • 06/14/2021
  • DocketObjection (Objection to Statement of Decision); Filed by MATTHEW HOMME (Defendant); NICHOLE HOMME (Defendant)

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  • 05/25/2021
  • Docketat 2:11 PM in Department M; Court Order

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  • 05/25/2021
  • DocketCertificate of Mailing for ((Court Order) of 05/25/2021); Filed by Clerk

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  • 05/25/2021
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 05/11/2021
  • DocketNotice (of Errata as to Defendants and Cross-Complainant Matthew and Nicole Homme's Closing Brief); Filed by MATTHEW HOMME (Defendant); NICHOLE HOMME (Defendant)

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  • 05/11/2021
  • DocketNotice (of Errata as to Defendants and Cross-Complainant Matthew and Nicole Homme's Reply to Plaintiffs' Closing Brief); Filed by MATTHEW HOMME (Defendant); NICHOLE HOMME (Defendant)

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  • 05/11/2021
  • DocketObjection (Plaintiffs' Objection to Introduction of New Evidence In Defendants' Reply Brief); Filed by DUNDAS I. FLAHERTY (Plaintiff); FLAHERTY-KULLI TRUST (Plaintiff); SANDRA KULLI (Plaintiff)

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  • 05/11/2021
  • DocketResponse (to Plaintiff's Objection to Introduction of New Evidence in Defendants' Closing Brief and Reply Brief); Filed by MATTHEW HOMME (Defendant); NICHOLE HOMME (Defendant)

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  • 05/10/2021
  • DocketObjection (PLAINTIFFS OBJECTION TO INTRODUCTION OF NEW EVIDENCE IN DEFENDANTS CLOSING BRIEF); Filed by DUNDAS I. FLAHERTY (Plaintiff)

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333 More Docket Entries
  • 03/14/2017
  • DocketDeclaration; Filed by DUNDAS I. FLAHERTY (Plaintiff); SANDRA KULLI (Plaintiff); FLAHERTY-KULLI TRUST (Plaintiff)

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  • 03/14/2017
  • DocketNotice of Motion (AND MOTION FOR PRELIMINARY INJUNCTION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF ); Filed by Attorney for Plaintiff

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  • 03/14/2017
  • DocketRequest for Judicial Notice (IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION ); Filed by Attorney for Plaintiff

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  • 03/14/2017
  • DocketRequest for Judicial Notice; Filed by DUNDAS I. FLAHERTY (Plaintiff); SANDRA KULLI (Plaintiff); FLAHERTY-KULLI TRUST (Plaintiff)

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  • 03/14/2017
  • DocketDeclaration (OF DUNDAS FLAHERTY IN SUPPORT OF PLAINTIFFS' NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION ); Filed by Attorney for Plaintiff

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  • 03/14/2017
  • DocketNotice of Motion; Filed by DUNDAS I. FLAHERTY (Plaintiff); SANDRA KULLI (Plaintiff); FLAHERTY-KULLI TRUST (Plaintiff)

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  • 02/08/2017
  • DocketComplaint Filed

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  • 02/08/2017
  • DocketComplaint; Filed by DUNDAS I. FLAHERTY (Plaintiff); SANDRA KULLI (Plaintiff); FLAHERTY-KULLI TRUST (Plaintiff)

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  • 02/08/2017
  • DocketSummons (on Complaint)

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  • 02/08/2017
  • DocketCivil Case Cover Sheet

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Tentative Rulings

Case Number: ****7055    Hearing Date: December 10, 2020    Dept: M

Case Name: Dundas I. Flaherty v. Matthew Homme

Case No.: ****7055

Motion: Leave to File Second Amended Complaint

Hearing Date: 12/10/2020

Procedural & Factual Background

This action was filed on February 8, 2017. On October 29, 2018, Plaintiffs Dundas Flaherty and Sandra Kulli as individuals and as trustees of the Flaherty-Kulli Trust filed a verified first amended complaint for trespass, nuisance, quiet title, declaratory relief, breach of contract, and financial elder abuse against Matthew Homme, Nicole Homme, and Does 1 – 25.

On February 5, 2020, the Court denied Defendants Nichole Homme and Matthew Homme’s ex parte motion to continue trial and reminded the parties that the trial was set for March 2, 2020. On February 21, 2020, Plaintiffs and Defendants filed a notice of conditional settlement. On November 6, 2020, Plaintiffs filed a motion for leave to file a second amended complaint. Trial is currently set for March 2, 2021.

Legal Standard

“The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect.” (Code Civ. Proc., ; 473.) California Code of Civil Procedure section 576 also grants the court power to allow a party to amend its pleading.

California courts are required to permit liberal amendment of pleadings in the interest of justice between the parties to an action. (Dieckmann v. Superior Court (1985) 175 Cal.App.3d 345, 352.) Generally, amendment must be permitted unless there is unwarranted delay in requesting leave to amend or undue prejudice to the opposing party. (Duchrow v. Forrest (2013) 215 Cal.App.4th 1359, 1377.) Even if a good amendment is proposed in proper form, unwarranted delay in presenting it may – of itself—be a valid reason for denial. (Emerald Bay Community Association v. Golden Eagle Ins. Corp. (2005) 130 Cal.App.4th 1078, 1097.)

Analysis

Plaintiffs seeks to add a cause of action for breach of contract, based on Defendants Matthew Homme And Nichole Homme’s (“Defendants”) refusal to comply with an agreed-upon settlement. Plaintiffs argue that Defendants had agreed to settle the case at the Mandatory Settlement Conference (“MSC”) and was memorialized by emails between the parties and Judge Lisa Hart Cole.

Defendants argue that the proposed amendment is without legal support. Defendants further argue that there was no settlement agreement between the parties. Courts are permitted to deny leave to amend when the amendment would be legally futile. (See Yee v. Mobilehome Park Rental Review Bd. (City of Escondido) (1998) 62 Cal.App.4th 1409, 1428–1429 [affirming denial of leave to amend where proposed causes of action were barred by statutes of limitations].) Defendants, however, have failed to show that the proposed claims is legally barred.

Defendants’ arguments as to prejudice are unpersuasive. The alleged events giving rise to the proposed cause of action recently occurred and would entail minimal discovery. The Court finds no undue prejudice. Therefore, the motion for leave to file a second amend complaint is GRANTED. Plaintiff must file the second amended complaint by December 11, 2020. Defendants have 20 days to file their answers.



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