Judge: Michael Small, Case: 23STCV02038, Date: 2025-05-01 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.

Case Number: 23STCV02038    Hearing Date: May 1, 2025    Dept: 57

Eric Schwartz's demurrer to the Third Amended Cross-Complaint of Burbank Ammo & Guns is sustained with leave to amend as to the claims for constructive fraud, intentional misrepresentation, and concealment.  The defect in the pleading is a failure to satisfy the heightened pleading requirement for fraud claims as it relates to damages resulting from a fraud.

The demurrer is overruled as to all of the other claims in the Third Amended Cross-Complaint.

The Court will discuss with counsel at the hearing on the demurrer the current trial date of July 28, 2025.