Maxwell
Maxwell v. Kaylor
Opinion
Trial Court Opinion
I. BACKGROUND
24 A. Factual Background 25 Plaintiff Michael Maxwell is a resident of California. First Amended Complaint. ECF No. 26 67, at ¶ 12 (“FAC”). Defendant Roy Kaylor is a resident of Oregon. FAC at ¶ 13; Mot. at 2. 27 The instant case originates from a dispute between Plaintiff and Defendant over a 153-acre parcel of real property located in Santa Cruz County (the “Santa Cruz property”). FAC at ¶ 18. In November of 2011, Defendant executed a contract titled “Sale of Land and Declaration of Rights in Land,” which granted Plaintiff a life estate in the Santa Cruz property as well as certain rights to harvest timber. Id; ECF No. 67-1, at 1 (Ex. A.). Plaintiff alleges that after the contract was signed, Defendant allowed another party to harvest timber and deprived Plaintiff of the proceeds. Id. Plaintiff further alleges that in October of 2018, Defendant and co-conspirators engaged in a “clever contrivance of false and fraudulent allegations, at meetings and telephone conferences, emails and facsimile transmission, while in the State of California to the State of Oregon, to carry- out false claims of elder…