Judge: H. Jay Ford, III, Case: 23SMCP00327, Date: 2025-05-08 Tentative Ruling
Case Number: 23SMCP00327 Hearing Date: May 8, 2025 Dept: O
Case Name:
Iulianelli v. Zuckerman, et al.
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Case No.: 23SMCP00327 |
Complaint Filed: 6-13-23 |
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Hearing Date: 5-8-25 |
Discovery C/O: N/A |
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Calendar No.: 13 |
Discover Motion C/O: N/A |
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POS: OK |
Trial Date: Not Set |
SUBJECT: DEMURRER WITHOUT MOTION TO STRIKE
MOVING
PARTY: Respondent Daniel Zuckerman
RESP.
PARTY: Petitioner Lisa M.
Iulianelli
TENTATIVE
RULING
Respondent
Daniel Zuckerman’s Demurrer to the 1st cause of action for Request
for Trial De Novo and 2nd cause of action for Breach of Contract in
Petitioner Lisa M. Iulianelli’s First Amended Petition are SUSTAINED without
leave to amend. Petitioner cannot state a claim against Respondent for the 1st
and 2nd causes of action because the Arbitration Award became final
and binding on 6-9-23 pursuant to Bus. & Prof. Code, § 6203.
Respondent
Daniel Zuckerman’s Request for Judicial Notice (“RJN”) is GRANTED as to the
existence of articles, court documents, and the administrative ruling
documents, but not to the “truth of the hearsay statements in the documents.” (In
re Vicks (2013) 56 Cal.4th 274, 314.)
Petitioner
Lisa M. Iulianelli’s RJN is GRANTED as to the existence of articles, court
documents, and the administrative ruling documents, but not to the “truth of
the hearsay statements in the documents.” (In re Vicks (2013) 56 Cal.4th
274, 314.)