Judge: Jon R. Takasugi, Case: 21STCV47256, Date: 2022-07-28 Tentative Ruling

Case Number: 21STCV47256    Hearing Date: July 28, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

The demurrer is MOOT IN PART, NOT CONSIDERED IN PART. The demurrer is moot as to Defendants Lesley Calderon, Erick Calderon, Henri Mastey, and the Henri Mastey Living Trust. The Court does not consider the demurrer as to Revucell Organics, LLC or Mastey de Paris, Inc.

On 12/28/2021, Plaintiff Stephen Gregory Mastey (Plaintiff) filed suit against Mastey de Paris, Inc., Lesley Calderon, Erick Calderon, Revucell Organics, LLC, Henri Mastey, and the Henri Mastey Living Trust (collectively, Defendants), alleging: (1) breach of contract; (2) breach of contract; (3) breach of contract; (3) unjust enrichment; (5) fraudulent concealment; (6) conversion; (7) breach of fiduciary responsibilities; (8) embezzlement; (9) fraud; (10) fraud in the inducement; (11) unfair competition; (12) quantum meruit; (12) prima facie tort; and (13) promissory estoppel.

            On 6/7/2022, the Court granted Defendants’ special motion to strike as to Defendants Lesley Calderon, Erick Calderon, Henri Mastey, and the Henri Mastey Living Trust. However, the Court did not consider the motion as to Revucell Organics, LLC or Mastey de Paris, Inc. (Suspended Defendants), given that both are in suspended status.

            Now, Defendants have a demurrer and motion to strike set for 7/29/2022. In light of the anti-SLAPP ruling, the demurrer is moot as to Defendants Lesley Calderon, Erick Calderon, Henri Mastey, and the Henri Mastey Living Trust. As for the Suspended Defendants, they may not prosecute or defend an action in a California Court, and thus the Court may consider the merits of their demurrer. (Timberline, Inc. v. Jaisinghani, (1997) 54 Cal. App. 4th 1361.)

On 7/14/2022, Suspended Defendants filed a declaration indicating that they remained in suspended status, and requesting a six-month continuance. Suspended Defendants explained that Defendant Mastey is on hospice care, and that their statuses could be revived in six months after his passing.  

            However, for a number of reasons, the Court cannot grant this relief. First, Suspended Defendants may not request a continuance of their own motion. Rather, the proper procedure is to withdraw the motion from calendar. Second, to continue the motion would preserve Suspended Defendants’ responsive pleading thereby violating the rule that they may not participate in this action in any way. Third, Suspended Defendants’ declaration does not include any explanation as to why the corporations cannot be revived until Defendant Mastey’s passing. As such, there is insufficient evidence to support a continuance.

            Based on the foregoing, the demurrer is moot in part, not considered in part. The demurrer is moot as to Defendants Lesley Calderon, Erick Calderon, Henri Mastey, and the Henri Mastey Living Trust. The Court does not consider the demurrer as to Suspended Defendants.

It is so ordered.

Dated:  July    , 2022

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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