D'ull

BACKGROUND

The Demurrers In March 2013, appellant Mark D’ull filed a lawsuit against respondents Tracy Kaye, M&T Property Management, LLC (M&T), Tracinda Corporation (Tracinda), and Anthony Mandekic. Tracinda and Mandekic both brought demurrers to the original complaint, which were sustained with leave to amend.1 D’Ull filed the operative first amended complaint (FAC) in July 2013. The FAC alleged in pertinent part: D’Ull had a profitable video business when he first met Kaye. D’Ull and Kaye considered having a relationship, and certain of Kaye’s family members wished for them to do so but saw D’Ull’s business (which, apparently, had some connection to pornography) as a bar to their relationship. Accordingly, Mandekic, Kaye’s bookkeeper and an officer of the family company, Tracinda, induced D’Ull to shut down his business and orally agreed to pay D’Ull $2,500 per month so long as D’Ull cared for and lived with Kaye at her home and did not voluntarily leave her. While D’Ull lived with and took care of Kaye, Mandekic made the $2,500 monthly payments. Eventually, however, Kaye and/or her family decided to break off the relationship, and the family (including Mandekic) ejected D’Ull…