Judge: Linda S. Marks, Case: 2021-01216570, Date: 2022-09-21 Tentative Ruling

Demurrer to Amended Cross-Complaint filed by Talal Mamari on 5/16/22

Breach of Contract: Nothing in the BSA indicates when the inventory was required to take place and no term prohibited adding to the inventory prior to the close of sale; Buyer alleges no facts to show that the lease was not in good standing; Seller’s failure to deliver the Liquor License at closing supports the Breach of Contract cause of action; Overrule Demurrer to this cause of action;

Intentional and Negligent Misrepresentation: The allegation of misrepresentation regarding the inventory is sufficient to state a claim for this cause of action; Further, the terms of the lease for the location add to the validity of the claim at this stage of the pleading; Finally, the integration clauses of the BSA do not bar Cross-Complainant’s fraud causes of action; Overrule Demurrer to these causes of action;

Cross-Defendant to file and serve an Answer within 10 days.