Judge: Colin Leis, Case: 20STCV45914, Date: 2023-04-17 Tentative Ruling

Case Number: 20STCV45914    Hearing Date: April 17, 2023    Dept: 74

Community Attire, Inc. v Urban Fitz, Inc. et al., 20STCV45914

Plaintiff’s Motion filed October 26, 2022, for Summary Judgment or Adjudication

The court denies Plaintiff’s motion for summary judgement or adjudication because Plaintiff does not establish that admissible evidence requires, as opposed to merely permits, a reasonable trier of fact to find that it is more likely true than not that the masks which Defendant sold to Plaintiff were counterfeit.

Defendant David Yadidson’s Motion filed October 28, 2022, for Summary Judgment

The court denies Defendant David Yadidson’s motion for summary judgment because even if one were to find in his favor under alter ego, Plaintiff’s complaint also alleges non-breach of contract liability against Yadidson based on intentional misrepresentation. Yadidson’s motion seeks summary judgment, not summary adjudication. A court may grant summary judgment only if the motion disposes of all claims. Yadidson’s motion does not. Accordingly, the court denies the motion for summary judgment.