Erde v. Moriarty

Filed 5/30/06  Erde v. Moriarty CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

            APPEALS from judgments and orders of the Superior Court of Los Angeles County.  Paul G. Flynn, Judge.  Order of December  4, 2004, denying motion for leave to file third amended cross-complaint affirmed.  Judgment sustaining demurrers without leave to amend dated January  12, 2005, affirmed.  Order granting summary adjudication dated January  12, 2005, reversed with directions.  Summary judgment dated June  21, 2004, reversed with directions.  Appeal from judgment dated December  1, 2004, dismissed.

            Shmuel Erde, in pro. per., for Cross-complainant and Appellant.

            Wallace P. Moriarty, in pro. per., for Cross-defendant and Respondent.

            Jean M. Moriarty, in pro. per., and for Cross-defendants and Respondents Jean M. Moriarty, Dorene Moriarty and Michael Moriarty.

            Gregory J. Kohler for Cross-defendants and Respondents Robert P. Feenstra and Milk Producers Council.

            Law Offices of John B. Taylor and John B. Taylor for Cross-defendants and Respondents Russell J. Singer and Adobe Oil Development Corporation.

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            Shmuel Erde (Erde) allegedly funded loans to some of the cross-defendants, but the resulting promissory notes secured by deeds of trust and an unsecured promissory note named only his wife, Rohelle Erde (Rohelle), as the holder of the notes.  Rohelle is not a party to Erde's first amended cross-complaint or this appeal.  As alleged in Erde's first amended cross-complaint, Rohelle transferred her interest in the notes to Erde and Rohelle, â€