Judge: James A. Mangione, Case: 37-2024-00000043-CU-BC-CTL, Date: 2024-06-07 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 06, 2024

06/07/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2024-00000043-CU-BC-CTL SOLID PROPERTY SERVICES INC VS REYES [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants' demurrer is overruled.

The elements of fraud are (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity; (c) intent to defraud; (d) justifiable reliance; and (e) resulting damage. (Lazar v. Super. Ct., (1996) 12 Cal. 4th 631.) The Complaint alleges that, to induce Plaintiff to hire Defendant Roderick Delos Defendant, Jr. ('Reyes') as Director, Reyes (1) promised he 'would solely work for [Plaintiff]' and (2) 'intentionally concealed his ownership and involvement with AFO and AFOR'.

(Compl., ¶¶ 39-41.) The latter representation cannot support a claim for fraud because AFO and AFOR did not exist at the time Reyes was hired. However, Plaintiff alleges that Defendant represented he would work 'solely' for Plaintiff despite knowing 'at all relevant times' that it was false. (Compl. ¶¶ 39-40.) It further alleges that representation was made with 'intent to injure' Plaintiff, and Plaintiff would not have hired Defendant 'had he disclosed his intentions to self-deal and act contrary to Plaintiff's interests.' (Id. ¶ 41.) Although the alleged damage did not occur until 2023, there is no temporal requirement between the alleged misrepresentation and the damage caused by it if the two can be causally linked. Therefore, Plaintiff has alleged sufficient facts to constitute a cause of action.

Defendants' Motion to Strike Punitive Damages is denied.

The Court takes judicial notice of Exhibits 1 and 2 to the Demurrer.

The minute order is the order of the Court.

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