Spears

FACTS AND HISTORY OF PROCEEDINGS

Plaintiff is incarcerated and has been at all relevant times. He filed this action on July 7, 2015. His second amended complaint, filed in March 2017, named as defendants defendant Anderson, plaintiff’s estranged spouse Lauren Spears, Dean Kratzer, and other parties. Anderson is the only remaining defendant in the action. In 10 causes of action, plaintiff alleged the defendants had conspired to fraudulently deprive him of his interest in two community property assets: the family home and a four-plex. Defendant was the realtor and listing agent for the two properties. Kratzer held a first mortgage on the family home. Defendant filed an amended answer in August 2017. From October 2017 to January 2019, the trial court resolved multiple motions to compel. Defendant filed a motion for summary judgment in January 2019. The trial court denied the motion. Meanwhile, in December 2018, Kratzer filed a motion to dismiss the action due to not being served within three years. The trial court denied his motion. Kratzer then sought a writ of mandate from this court. We denied the petition on April 18, 2019.

2 Kratzer filed a demurrer to the second amended…