Judge: Elaine W. Mandel, Case: 21SMCV01961, Date: 2023-03-15 Tentative Ruling

Case Number: 21SMCV01961    Hearing Date: March 15, 2023    Dept: P

Tentative Ruling

Jones et al. v. The Farmer Limited Partnership et al., Case No. 21SMCV01961

Hearing Date March 15, 2023

Defendants’ Motion for Summary Judgment or Summary Adjudication (Taken Under Submission)

The court took under submission the breach of fiduciary duty claim only at the prior hearing. The tentative was to grant summary adjudication on this cause of action on the grounds that, while plaintiffs created a triable issue of fact as to Phelps’ failure to properly advise them regarding the option contract’s RPA, that allegation was not one of the bases alleged via the FAC regarding the breach of fiduciary duty claim.

At oral argument plaintiffs’ counsel argued the “Factual and Procedural Background” section of the FAC should be read in conjunction with the sections devoted to the individual causes of action. Paragraphs 26, 36, and 37 detail the alleged RPA breaches, while paragraphs 65, 76-77 incorporates those paragraphs by reference. Under Cal. Code of Civ. Proc. §452, the allegations in a pleading must be liberally construed. The court finds the allegations of the FAC sufficient to raise a triable issue of fact. DENIED.