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Case Number: 20STCV11490    Hearing Date: January 06, 2021    Dept: 56

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

FARID ZOLAND, etc.,

                        Plaintiff,

            vs.

 

ARMIN ALI HASHEMI, etc., et al.,

 

                        Defendants.

 

      CASE NO.: 20STCV11490

 

[TENTATIVE] ORDER RE: DEMURRER TO COMPLAINT

 

Date:  January 6, 2021

Time: 8:30 a.m.

Dept. 56

 

 

MOVING PARTIES: Defendants Mahin Abdani and Avang Records, Inc.

 

            The Court has considered the moving papers.  No opposition papers were filed.

 

BACKGROUND

Plaintiff’s complaint alleges the following causes of action: (1) intentional misrepresentation; (2) unauthorized appropriation of Plaintiff’s music for commercial use; (3) derivative relief; (4) breach of fiduciary duties; (5) conspiracy to defraud; and (6) duty to an accounting.

 

Defendants filed a demurrer to the first through sixth causes of action in the complaint, which is unopposed.  The Court therefore SUSTAINS Defendants’ demurrer to the first, second, third, fourth, fifth, and sixth causes of action with 20 days leave to amend due to the lack of opposition.  (Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20; Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

 

Moving parties are ordered to give notice of this ruling.

 

In consideration of the current COVID-19 pandemic situation, the Court strongly encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.  If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to SMC_DEPT56@lacourt.org stating your intention to appear in person.  The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.  This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.

 

 

 

 

 

 

 

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

 

            Dated this 6th day of January 2021

 

 

 

 

Hon. Holly J. Fujie

Judge of the Superior Court

 



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