Judge: Jon R. Takasugi, Case: 22STCV14469, Date: 2023-03-20 Tentative Ruling

Case Number: 22STCV14469    Hearing Date: March 20, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Cross-Defendants’ demurrer is SUSTAINED, WITH 15 DAYS LEAVE TO AMEND.

Accordingly, Cross-Defendants’ motion to strike is MOOT.

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.

            On 11/7/2022, 4^th Street Partners, LLC (Cross-Complainant or 4th Street) filed a Cross-Complaint (XC) against Tala Associates, Inc. and Kamran Kazemi (collectively, Cross-Defendants), alleging: (1) breach of contract; (2) negligence; (3) fraud; (4) negligent misrepresentation; and (5) unjust enrichment.

            Now, Cross-Defendants demur to the Cross-Complainant’s third cause of action for fraud. Cross-Defendants also move to strike portions of the XC.

Discussion

            Cross-Defendants argue that 4th Street has failed to state a claim for fraud because the claim appears time-barred on its face and because it is not alleged with the requisite specificity.

            The Court agrees.

4th Street alleges that in late 2014:

 Cross-Defendants, each of them, orally represented, warranted and promised to Cross-Complainant that they had the time and capability to: (i) prepare a preliminary parcel map in order to subdivide the Oxford Property into four (4) separate and distinct physical addresses; (ii) submit and file with the City of Los Angeles and have approved by the City of Los Angeles said subdivision plans; (iii) prepare and process a final parcel map in the City of Los Angeles and record the same with the Los Angeles County Department of Public Works and the Los Angeles Recorder’s Office; and (iv) complete final parcel monumentation (“Subdivision Work”).

            (XC ¶ 21.)

            The statute of limitations for fraud is three years. (CCP § 338(d).)

            Here, given that 2014 is the only alleged date, this action would have had to be filed by late 2019 to be timely. The XC was not filed until May 2022. While “[t]he cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake,” 4th Street has not alleged any facts which could show when it discovered the facts constituting the fraud. (CCP § 338(d).) As such, the claim appears to be time-barred on its face.

            Moreover, 4th Street must allege facts which clarify promissory fraud separate and apart from a breach of contract.

            Leave will be afforded to allow 4^th Street an opportunity to address these deficiencies.

            Based on the foregoing, Cross-Defendants’ demurrer is sustained, with 15 days leave to amend.

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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