Judge: Michael Small, Case: 23STCV22895, Date: 2024-01-30 Tentative Ruling

Case Number: 23STCV22895    Hearing Date: January 30, 2024    Dept: 57

The Roupinian Defendants' demurrer to the first, second, and sixth causes of action in Plaintiff Mark Adams' complaint is sustained with leave to amend on the ground that the relief that Adams seeks in those causes of action is the same relief that Adams is seeking in his pending appeal from an order denying his motion to vacate a default judgment that Roupinian Defendants obtained against him in another case.  Accordingly, those causes of action are barred.  The Roupinian Defendants' demurrer to the third, fourth, and fifth causes of action is sustained with leave to amend on the ground that Adams's complaint fails to adequately allege scienter and agency, which are necessary for those causes of action to withstand a demurrer.

The demurrer of Defendant California Western Financial Investments, Inc. ("Cal Western") to the fifth cause of action in Adams's complaint for declaratory relief is sustained with leave to amend on the ground that the complaint fails to adequately allege the basis of that cause of action against Cal Western.   Adams's brief in opposition to the demurrer did not address this aspect of Cal Western's demurrer.