Case Number: BC677435 Hearing Date: January 17, 2018 Dept: 56

Case Name: Lora v. Tapia, et al.

Case No.: BC677435

Matter: Demurrer to Complaint

Tentative Ruling: Demurrer is sustained.

Plaintiff Candelario Lora has filed this action against Huntington Escrow Inc. and a number of other defendants. Plaintiff alleges that he was defrauded by Vincent Tapia, Angelico Grecia and others, who took Plaintiff’s money in a real estate investment scheme, and Huntington Escrow was the escrow agent. Plaintiff’s complaint alleges causes of action for (1) fraud and theft, (2) treble damages pursuant to Pen. Code § 496(c), and (3) breach of fiduciary duty.

Huntington Escrow demurs to all causes of action, and its moving papers show that Plaintiff has failed to allege facts supporting a legal basis for recovery. Plaintiff has not filed any opposition. The demurrer is sustained on all grounds. Because it does not appear that Huntington Escrow owed a legal duty to Plaintiff, it is questionable whether Plaintiff can amend to state a valid cause of action. If Plaintiff seeks leave to amend, a specific showing should be made at the hearing.