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This case was last updated from Los Angeles County Superior Courts on 05/30/2019 at 06:10:29 (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 Judge overseeing this case is 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

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

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

Attorney/Law Firm Details

Plaintiff Attorneys

HUGHES PERRY

COX CASTLE & NICHOLSON

HUGHES PERRY STAUFFER

Defendant Attorneys

CHRIS D. GREINKE

LAUBY ESQ. KIRK A.

GREINKE CHRISTOPHER DOUGLAS

 

Court Documents

Request for Judicial Notice

7/20/2018: Request for Judicial Notice

Motion for Summary Judgment

9/20/2018: Motion for Summary Judgment

Motion for Summary Judgment

9/20/2018: Motion for Summary Judgment

Motion for Summary Judgment

9/20/2018: Motion for Summary Judgment

Motion for Summary Judgment

9/20/2018: Motion for Summary Judgment

Motion for Leave

9/20/2018: Motion for Leave

Unknown

9/20/2018: Unknown

Reply

9/27/2018: Reply

Reply

1/9/2019: Reply

Brief

3/5/2019: Brief

Civil Case Cover Sheet

3/8/2019: Civil Case Cover Sheet

Demand for Jury Trial

3/8/2019: Demand for Jury Trial

Minute Order

3/8/2019: Minute Order

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

3/8/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Unknown

3/8/2019: Unknown

Request for Judicial Notice

5/20/2019: Request for Judicial Notice

Declaration

5/28/2019: Declaration

Notice

5/28/2019: Notice

93 More Documents Available

 

Docket Entries

  • 05/28/2019
  • DECLARATION OF STEVEN W. MCCORMICK IN SUPPORT OF DEFENDANTS MATTHEW HOMME AND NICOLE HOMME OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION OF ISSUES; Filed by MATTHEW HOMME (Defendant); NICHOLE HOMME (Defendant)

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  • 05/28/2019
  • DECLARATION OF CHRIS D. GREINKE IN SUPPORT OF DEFENDANTS MATTHEW HOMME AND NICOLE HOMME OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION OF ISSUES; Filed by MATTHEW HOMME (Defendant); NICHOLE HOMME (Defendant)

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  • 05/28/2019
  • DEFENDANTS MATTHEW HOMME AND NICOLE HOMME OBJECTIONS TO PLAINTIFFS EVIDENCE IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION OF ISSUES; Filed by MATTHEW HOMME (Defendant); NICHOLE HOMME (Defendant)

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  • 05/28/2019
  • Request for Judicial Notice; Filed by MATTHEW HOMME (Defendant); NICHOLE HOMME (Defendant)

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  • 05/28/2019
  • DECLARATION OF NICOLE HOMME IN SUPPORT OF DEFENDANTS MATTHEW HOMME AND NICOLE HOMME OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION OF ISSUES; Filed by MATTHEW HOMME (Defendant); NICHOLE HOMME (Defendant)

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  • 05/28/2019
  • DECLARATION OF SCOTT B. ARENS IN SUPPORT OF DEFENDANTS MATTHEW HOl\OfE AND NICOLE HOMME OPPOSITION TO PLAINTIFFS MOTION FOR SUl\OfARY ADJUDICATION OF ISSUES; Filed by MATTHEW HOMME (Defendant); NICHOLE HOMME (Defendant)

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  • 05/28/2019
  • DEFENDANTS MATTHEW HOMME AND NICOLE HOMME RESPONSE AND ADDITIONAL FACTS TO PLAINTIFFS SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION OF ISSUES; Filed by MATTHEW HOMME (Defendant); NICHOLE HOMME (Defendant)

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  • 05/28/2019
  • DEFENDANTS MATTHEW HOMME AND NICOLE HOMME APPENDIX OF EVIDENCE IN SUPPORT OF OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION OF ISSUES; Filed by MATTHEW HOMME (Defendant); NICHOLE HOMME (Defendant)

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  • 05/28/2019
  • DECLARATION OF MATTHEW HOMME IN SUPPORT OF DEFENDANTS MATTHEW HOMME AND NICOLE HOMME OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION OF ISSUES; Filed by MATTHEW HOMME (Defendant); NICHOLE HOMME (Defendant)

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  • 05/28/2019
  • Memorandum of Points & Authorities; Filed by MATTHEW HOMME (Defendant); NICHOLE HOMME (Defendant)

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180 More Docket Entries
  • 03/14/2017
  • Notice of Motion; Filed by DUNDAS I. FLAHERTY (Plaintiff); SANDRA KULLI (Plaintiff); FLAHERTY-KULLI TRUST (Plaintiff)

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

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

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

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

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  • 02/08/2017
  • Civil Case Cover Sheet

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

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  • 02/08/2017
  • Complaint Filed

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

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Tentative Rulings

Case Number: SC127055    Hearing Date: December 10, 2020    Dept: M

Case Name: Dundas I. Flaherty v. Matthew Homme

Case No.: SC127055

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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