Pryor

Pryor v. Lyric Avenue Partnership 1 CA2/4

Good Law
Court of Appeal of CaliforniaApril 22, 2015B249523California3,151 words

Opinion

Opinion

Manella, J.

INTRODUCTION

Appellant Danny Wayne Pryor is before us for a second time. In the prior case, we affirmed a judgment in favor of respondent Berto Matta on appellant’s complaint against Matta. The 11 causes of action in that complaint arose from the foreclosure on 18 lots of real property in the City of Lancaster (the Lancaster Action). Multiple defendants were named, but all had been dismissed except Matta. (See Pryor v. Matta (October 22, 2013, B244149) [nonpub. opn.].) In the instant matter, appellant filed a complaint alleging 11 causes of action against Matta, Sonia Suria, and respondents Lyric Avenue Partnership 1, LLC (Lyric), William Schumer, Barry Judis, Dorothy Smead and Steven Smead, arising out of 1 the foreclosure on 18 lots of real property located in Lancaster. Appellant obtained a clerk’s entry of default against the named defendants, but following a noticed motion to set aside the defaults, the trial court vacated the defaults. The trial court also granted respondents’ motion to dismiss and sustained demurrers to appellant’s complaint on the grounds that the claims were barred by res judicata and by the applicable statutes of limitations. A judgment dismissing with…

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