Judge: Mel Red Recana, Case: 23STCV00314, Date: 2024-02-27 Tentative Ruling

Case Number: 23STCV00314    Hearing Date: February 27, 2024    Dept: 45

Superior Court of California

County of Los Angeles

 

 

CAHUENGA PROFESSIONAL BUILDING, LLC, a California Limited Liability Company, and NAREK KAZARIAN, an individual,

 

                             Plaintiffs,

 

                              vs.

EMIL AKOPIAN, et al.,

 

                              Defendants.
Case No.:  23STCV00314

DEPARTMENT 45

 

 

 

[TENTATIVE] RULING

 

 

 

Action Filed:  01/06/23

1st Amended Complaint Filed: 02/07/24

Trial Date:  None set.

 

Hearing date:  February 27, 2024

Moving Party:  Defendant Ming Sze Fong dba Studio City Caregivers Cooperative, Inc.

Responding Party:  None.

Demurrer to Complaint      

The Court considered the moving papers.

            The demurrer is DENIED as Moot.

 

Background

            On January 6, 2023, Plaintiffs Cahuenga Professional Building, LLC and Narek Kazarian (“Plaintiffs”) filed a Complaint against Defendants Emil Akopian; David Issaians; Emil Akopian and David Raphael Issaians dba Alliance Partners; First Core Group Inc. dba Keller William Real Estate Services; 3623 Cahuenga LLC; Ming Sze Fong; Studio Caregivers, Inc.; Ming Sze Fong dba Studio City Caregivers Cooperative, Inc. (“Defendants”); and DOES 1 through 20, inclusive. The Complaint alleges causes of action for: (10 Breach of Contract; (2) Breach of Fiduciary Duty; (3) Aiding and Abetting Breaches of Fiduciary Duty; (4) Breach of Duty to Be Honest and Truthful; (5) Negligence; (6) Professional Negligence; (7) Fraud and Deceit; (8) Civil Conspiracy; (9) Equitable Indemnity; (10) Unfair and Deceptive Business Practices in Violation of Cal. Bus. & Prof. Code §§ 17200 et seq; (11) Rescission of the Purchase Agreement; (12) Intentional Interference with Contractual Relations; (13) Negligent Interference with Contractual Relations; (14) Intentional Interference with Economic Advantage and Contractual Relations; and (15) Negligent Interference with Economic Advantage and Contractual Relations.

            On April 17, 2023, Defendant Ming Sze Fong dba Studio City Caregivers Cooperative, Inc. filed this instant Demurrer to the Complaint. No opposition was filed.

            On February 7, 2024, Plaintiffs filed this operative First Amended Complaint alleging the same causes of action except for Professional Negligence. As such, the demurrer to the Complaint is rendered MOOT.

            Therefore, the demurrer to the complaint is DENIED as MOOT.

 

            It is so ordered.

 

Dated: February 27, 2024

 

_______________________

ROLF M. TREU

Assigned Judge of the Superior Court