McDowell

McDowell v. Wedgewood, LLC CA2/5

Good Law
Court of Appeal of CaliforniaSeptember 9, 2024B330350California3,278 words

Opinion

Opinion

Kim, J.

I. INTRODUCTION

Plaintiff Kevin McDowell, as successor trustee of the Mattie B. Evans Family Trust, dated June 7, 2016, and individually, appeals from the trial court’s order sustaining without leave to amend a demurrer to the first amended complaint against defendants.1 We conclude that the court erred in sustaining the demurrer to the conversion cause of action, but that it did not abuse its discretion by denying plaintiff leave to amend the complaint. We therefore reverse the judgment with instructions to enter a new order overruling the demurrer to the conversion cause of action.

II. FACTUAL BACKGROUND2

A. Properties

Plaintiff’s mother, Mattie Evans, owned two properties in the City of Los Angeles, one located on Don Porfirio Place (the Porfirio property) and the other located on Don Lorenzo Drive (the Lorenzo property). In 2016, she transferred those properties

Defendants are Wedgewood LLC (Wedgewood), Breckenridge Property Fund 2016, LLC (Breckenridge), and Redwood Holding, LLC (Redwood).

We state the facts in a manner consistent with the standard governing our review, accepting as true all well-pleaded material allegations, but not contentions,…

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