United States District Court, C.D. California
Arnold Barba, Attorneys Present for Plaintiff.
Andrew Hunter, Richard Kolber, Thomas Lombardi, Attorneys Present for Defendants.
CIVIL MINUTES - GENERAL
CHRISTINA A. SNYDER, District Judge.
Proceedings: FLSA DEFENDANTS' MOTION TO DISMISS, dkt. 14, MOTION TO STRIKE, dkt. 15, and REQUEST FOR JUDICIAL NOTICE, dkt. 16
JMCP AND TVW'S MOTION TO DISMISS, dkt. 17
TIVOLI'S MOTION TO DISMISS, dkt. 18, REQUEST FOR JUDICIAL NOTICE, dkt. 19, and REQUEST FOR JOINDER IN THE FLSA DEFENDANTS' REQUEST FOR JUDICIAL NOTICE AND MOTION TO STRIKE, dkt. 21
All motions and requests were filed on October 20, 2014.
This action arises from the loss of funds deposited by plaintiff Jung Jae Lee to purchase 28 units on two floors of a condominium project located in Los Angeles, California. On August 8, 2014, plaintiff filed a complaint against the units' sellers and subsequent purchasers: defendants Federal Street L.A., LLC ("FSLA"), Federal Street Corporation ("FSC"), Michael C. Winter ("Winter"), Judi Fishman ("Fishman"), JMCP Corp. ("JMCP"), The View Wilshire ("TVW"), Tivoli Square Apartments, L.P. ("Tivoli"), and Does 1 through 50, inclusive. Dkt. 1 ("Cmplt."). She asserts claims for: (1) breach of contract; (2) fraud - intentional misrepresentation; (3) fraud - false promise; (4) actual fraudulent transfer; (5) constructive fraudulent transfer; (6) violation of Cal. Bus. & Prof. Code § 17200; and (7) rescission and restitution. Id.
On October 20, 2014, defendants FSLA, FSC, Winter, and Fishman (collectively, "FLSA defendants") filed a motion to dismiss the complaint, dkt. 14, a motion to strike, dkt. 15, and a request for judicial notice, dkt. 16. Further, defendants JMCP and TVW filed a motion to dismiss the complaint. Dkt. 17. Finally, defendant Tivoli filed a motion to dismiss the complaint or, in the alternative, for a more definite statement, dkt. 18, a request for judicial notice, dkt. 19, and a request for joinder in the FSLA defendants' motion to strike and request for judicial notice, dkt. 21. On December 8, 2014, plaintiff filed oppositions and objections to the motions and requests. Dkt. 27-34. On January 12, 2015, the Court held a hearing on this matter. For the reasons stated below, the Court denies the motions to dismiss, grants the request for joinder, and grants in part the motion to strike.
II. FACTUAL BACKGROUND
Plaintiff alleges that she is a 77-year-old resident of Korea who reads, writes, speaks, and understands little to no English. Cmplt. ¶ 3. During the period commencing in the winter of 2008 and ending in the spring of 2009, plaintiff's agent, Eui Gwon Oh ("Oh"), negotiated an agreement for the purchase of 28 residential units ("Purchase and Sale Agreement" or "PSA") in The View Wilshire Tower ("Property") from FLSA with Winter and Fishman. Id. ¶¶ 21-32.
Plaintiff avers that unbeknownst to her, FSLA failed to secure a loan to finance the construction of the Property. Id. ¶ 76. According to plaintiff, in several meetings with Oh held between December 2008 and May 2009, Winter and Fishman falsely stated that FSLA did have a loan in place, and that construction would be completed by October 1, 2009. Id. ¶¶ 37, 75, 76.
The parties signed the PSA on May 12, 2009. Id. ¶ 30. The PSA provided that escrow would close by October 1, 2009. Id. However, plaintiff alleges that the escrow remained open as of August 8, 2014. Id. ¶ 33. Plaintiff further alleges that between May and September 2009, plaintiff wire-transferred over $3, 400, 000 into the escrow account, and that of that ...