Judge: Holly J. Fujie, Case: 20STCV34289, Date: 2023-05-17 Tentative Ruling

Case Number: 20STCV34289    Hearing Date: May 17, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendant Patrick Nazemi (“Moving Defendant”)

The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure section 1005, subdivision (b).

BACKGROUND

Plaintiffs’ complaint (the “Complaint”) alleges: (1) intentional fraudulent transfer; (2) fraudulent transfer; (3) transfer resulting in debtor’s insolvency; (4) common law fraudulent transfer; (5) aiding and abetting fraudulent transfer; (6) declaratory relief; and (7) unjust enrichment.

Moving Defendant filed a demurrer (the “Demurrer”) on the grounds that the Complaint is uncertain and fails to state sufficient facts to constitute the fifth and sixth causes of action.

As it is unopposed, the Court SUSTAINS the Demurrer with 20 days leave to amend. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

Moving party is ordered to give notice of this ruling.

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 17th day of May 2023