Judge: Jon R. Takasugi, Case: 22STCV14469, Date: 2022-10-12 Tentative Ruling

Case Number: 22STCV14469    Hearing Date: October 12, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Defendants’ demurrer is MOOT as to 4^th Street Partners and Ruben Zokaeem and SUSTAINED, WITH 20 DAYS LEAVE TO AMEND as to Soheil Darvish.

            On 5/2/2022, Plaintiff Tala Associates, Inc. filed suit against 4^th Street Partners, LLC, Soheil Darvish, Ruben Zokaeem, Living Places, Inc., and Soheil Darvish (collectively, Defendants) alleging: (1) common counts; (2) fraud; and (3) fraud.

            Now, Defendants 4^th Street Partners, LLC, Soheil Darvish, Ruben Zokaeem demur to Plaintiff’s second and third causes of action.

Discussion

            Defendants argue that Plaintiff’s second and third causes of action are not pled with the requisite specificity.

            The Court agrees. Fraud must be plead with specificity rather than with “general and conclusory allegations.” (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 184.) The specificity requirement means a plaintiff must allege facts showing how, when, where, to whom, and by what means the representations were made, and, in the case of a corporate defendant, the plaintiff must allege the names of the persons who made the representations, their authority to speak on behalf of the corporation, to whom they spoke, what they said or wrote, and when the representation was made. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645.)” (West v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 780, 793.)

            Here, the only allegations provided to support its fraud causes of action are that “Darvish represented to Plaintiff that Living Places, Inc. ("LPI") was a bona fide and existent entity with the ability to pay Plaintiff for its surveying services, and that he and LPI would pay Plaintiff for its services,” and “that LPI and Darvish would pay Plaintiff for its services.” Not only do these facts, as alleged, sound in breach of contract, rather than fraud, but Plaintiff has not alleged how, when, and by what means the representations were made.

            However, in opposition, Plaintiff noted that the second and third causes of action are asserted against Living Places, Inc. and Soheil Darvish alone. Given that 4^th Street Partners, LLC and Ruben Zokaeem (two of the three demurring parties here) are not named in these causes of action, they do not have standing to challenge these causes of action. 

            Plaintiff must allege specific facts which could show fraud separate and apart from breach of contract as to Soheil Darvish. While this conclusion applies equally to Living Places, Inc., this party did not file or join this demurrer and thus the holding here does not apply to it.

            Based on the foregoing, Defendants’ demurrer is moot as to 4^th Street Partners and Ruben Zokaeem and sustained, with 20 days leave to amend, as to Soheil Darvish.

It is so ordered.

Dated:  October    , 2022

   Hon. Jon R. Takasugi
   Judge of the Superior Court

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