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Title Fransiska Susilo v. Christopher Lee Robertson et al.

March 11, 2013

TITLE FRANSISKA SUSILO
v.
CHRISTOPHER LEE ROBERTSON ET AL.



The opinion of the court was delivered by: Honorable Christina A. Snyder

CIVIL MINUTES - GENERAL

Present: The Honorable CHRISTINA A. SNYDER

Catherine Jeang Not Present N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants

Not Present Not Present

Proceedings: (In Chambers:) DEFENDANTS' MOTION TO DISMISS CASE

(Docket #16, filed January 28, 2013)

INTRODUCTION

Plaintiff filed the instant case in this Court on November 15, 2012, and filed a First Amended Complaint ("FAC") on November 21, 2012. Plaintiff's FAC names as defendants Christopher Lee Robertson ("Lee"), Advisors, Inc., Real Estate Advisors (collectively "Advisors"), 1100 Wilshire Property Owners Association, Action Property Management, and Barry James.*fn1 Plaintiff's FAC asserts eleven claims for relief: (1) negligence, (2) breach of contract, (3) negligent misrepresentation, (4) fraud, concealment, deceit, (5) trespass and conversion, (6) wrongful eviction, (7) intentional infliction of emotional distress, (8) negligent infliction of emotional distress, (9) breach of the implied covenant of good faith and fair dealing, (10) aiding and abetting conspiracy, and (11) violation of California's unfair competition law, Business and Professions Code § 17200 ("UCL").

On January 28, 2013, defendants Advisors and Robertson filed a motion to dismiss. On February 19, 2013, plaintiff filed an opposition, and defendant filed a reply on February 25, 2013. After considering the parties' arguments, the Court finds and concludes as follows.

BACKGROUND

A. Allegations in Plaintiff's First Amended Complaint

The instant action arises out of the foreclosure and subsequent resale of 1100 Wilshire Blvd., Unit 3108, a condominium in Los Angeles formerly owned by plaintiff ("the property"). Plaintiff purchased the property in April 2008, and in connection with the purchase, received a loan from non-party Wachovia Mortgage, FSB ("Wachovia"). FAC ¶ 9. The loan from Wachovia was secured by a deed of trust recorded against the property. Id. Plaintiff defaulted on the loan, and Wachovia recorded a Notice of Default in July 2010. Id. ¶ ...


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