Judge: Michael Small, Case: 24STCV27607, Date: 2025-02-20 Tentative Ruling

Case Number: 24STCV27607    Hearing Date: February 20, 2025    Dept: 57

Defendant Rocco DiStefano's demurrer to the fourth and fifth causes of action for fraud in Plaintiff Zachary Ament's Complaint is overruled.  The allegations in the Complaint meet the heightened pleading standards for fraud claims as to both the fourth cause action, which is asserted derivatively against DiStefano by Ament on behalf of nominal Defendant Lab Fitness, LLC, and the fifth cause of action, which is asserted directly against DiStefano and Lab Fitness, LLC by Ament on behalf of himself.  

The demurrer of Defendant Lab Fitness, LLC to the fifth cause of action of is sustained with leave to amend. The allegations in the Complaint are insufficient to support a fraud claim against Lab Fitness, LLC.  (The Court notes that Lab Fitness, LLC withdrew its demurrer as to the fourth cause of action.