Judge: Jon R. Takasugi, Case: 22STCV02391, Date: 2023-03-27 Tentative Ruling

Case Number: 22STCV02391    Hearing Date: March 27, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

The third and fourth causes of action are hereby stricken. Yeo is to remove claims against Shin consistent with the Court’s 8/15/2022 ruling.

            Yoo’s demurrer to the first and third causes of action are OVERRULED.

On 1/20/2022, Plaintiff Celine Shin (Plaintiff) filed suit against Sang Yeo and Vetoben alleging: (1) breach of contract; (2) fraud; and (3) conversion.

            On 2/17/2022, Cross-Complainant Sang Yeo (Cross-Complainant) filed suit against Celine Shin, alleging: (1) defamation; (2) assault and battery; (3) negligence; and (4) intentional infliction of emotional distress.

            On 4/20/2022, Yeo filed an amendment to substitute in Jeffrey Yoo aka Jeff Yoo as Roe-1.

            Now, Celine Shin (Shin) and Yoo demur to the first and third causes of action in the first amended cross-complaint (FXC).  Shin and Yoo also move to strikes portions of the FXC.

Discussion

            As a preliminary matter, Yeo’s FXC asserts five causes of action: (1) assault and battery; (2) negligence; (3) intentional infliction of emotional distress; (4) false light; and (5) third party tort of another.

            The Court’s 8/15/2022 Ruling granted leave to amend only as to the assault/battery cause of action and the negligence cause of action. Nowhere in that ruling did the Court grant leave to amend to allege additional causes of action, nor has Yeo moved for leave to amend to assert additional causes of action. As such, the Court strikes the fourth and fifth causes of action, and does not consider them here.

            Moreover, the Court sustained Shin’s demurrer to the assault/battery, negligence, and IIED causes of action, without leave to amend.  Inexplicably, Yeo continues to assert these claims against Shin in the FXC.

            Accordingly, the only claims properly asserted in the FXC are those for assault/battery, negligence, and IIED against Yoo. Given that the Court overruled Yoo’s demurrer to the negligence cause of action, only the assault/battery and IIED claims are challenged here.

            As for assault/battery, Yeo’s original XC did not allege Yoo ever touched Yeo or caused Yeo to be touched, not does Yeo allege that Yoo ever caused contact or threated to touch Yeo. Rather, the only alleged threat is the statement “you bully, son of bitch destroying fucking business…” (Complaint ¶ 13.)  Now, Plaintiff’s FXC alleges that Yoo “attacked and physically assaulted Cross-Complainant in his place of business by slamming the front door into Cross-Complainant repeatedly, by threatening Cross-Complainant’s person with physical assault, and assaulting and battering Cross-Complainant.” (FXC ¶ 11.)  More specifically, Yeo alleges that he was standing behind a door trying to prevent the “violent assault” on his business and the Jef Yoo repeatedly body slammed into the business door with Yeo receiving the impact. (FXC ¶ 8.) The FXC also alleges that Yoo invaded Yeo’s business location and started yelling profanities at Yeo and refused to leave. (FXC ¶  8.)

            These allegations are sufficient to state a claim for assault and battery at the pleading stage. Moreover, given these allegations, Yeo has alleged sufficient facts to state a claim for IIED.   

It is so ordered.

Dated:  March    , 2023

   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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