Iron Mountain Holdings Inc. vs. Coastline Community Development Group, Inc.

Thus, this cause of action is not subject to the statute of limitations to the extent Plaintiff seeks to impose a constructive trust on funds allegedly converted by Defendant per the claims in the 4th cause of action. The demurrer is likewise overruled as to the 7th cause of action.

8th cause of action for accounting Plaintiff alleges that the “parties’ finances became intertwined through Defendant’s wrongful use of joint or diverted assets,” and that “Defendants [sic] alone possess knowledge of the true amounts Defendant Danissa Colombana took or concealed.” (Complaint, ¶¶ 62, 63.)

The Statute of Limitations for an accounting claim is also three (3) years given that the gravamen of the claim is a taking of Plaintiff’s property. (§ 338(c).)

The demurrer to this cause of action is also overruled as it is based on the same alleged facts as the conversion claim.

Collateral Estoppel and Res Judicata Defendant’s arguments that collateral estoppel and res judicata bar Plaintiff’s Complaint are unavailing.

Pursuant to the documents subject to the request for judicial notice, Plaintiff’s allegations in the family law proceeding were not adjudicated on their merits. (See Alpha Mechanical, Heating & Air Conditioning, Inc. v. Travelers Casualty & Surety Co. of America (2005) 133 Cal.App.4th 1319, 1326.) The court denied Plaintiff’s application because it was untimely.

Thus, these doctrines do not apply.

If Plaintiff decides not to amend his Complaint and move forward with the 4th, 7th, and 8th causes of action, he shall notify Defendant and this Court within 15 days, and Defendant shall have 15 days thereafter to file an Answer.

The clerk will give notice.

8. 2025-1501960 Iron Mountain No tentative. The Court has questions for counsel. Holdings Inc. vs. Coastline Community Development Group, Inc.