Judge: David A. Hoffer, Case: 30-2022-01260238, Date: 2023-07-24 Tentative Ruling

The Demurrer filed by defendant Alexander Frankian, as to the Complaint filed on 5/18/22 by Plaintiff Cambridge Healthcare Management Services, LLC (“Plaintiff”) is SUSTAINED with 15 days leave to amend.

In a pleading context on an alter-ego claim, the plaintiff is required to allege only “ultimate” rather than evidentiary facts. (Rutherford Holdings, LLC v. Plaza Del Rey (2014) 223 Cal.App.4th 221, 236.) And less particularity in pleading is required where the defendant may be assumed to possess knowledge of the facts at least equal, if not superior, to that possessed by the plaintiff, which is generally the case on an alter-ego claim. (Id.)  However, in the Opposition here, Plaintiff asserts that it has discovered additional facts which would bolster the alter-ego allegations asserted in the Complaint and asks that leave to amend be granted to allow Plaintiff to better articulate the basis for those claims. The Court will therefore sustain the Demurrer, but grant Plaintiff 15 days leave to amend from the date of service of notice of this ruling.

The Request for Judicial Notice filed with the Demurrer is GRANTED under Ev. Code §452(c), as to the existence of the records, but not as to the truth of any disputed facts asserted therein. (Fontenot v. Wells Fargo Bank, NA (2011) 198 Cal.App.4th 256, 264; Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 482.)

Counsel for Mr. Frankian is to give notice of this ruling.