Pending before the Court is the demurrer of Plaintiff/Cross-Defendant Sean Kim ("Kim") to the Cross-Complaint of Defendants/Cross-Complainants Hyon Man Park ("Park") and Abi USA Sales Corp ("Abi").  

The demurrer is sustained with leave to amend as to Abi's claim for fraud against Kim.  The allegations in the Cross-Complaint do not support the proposition that Kim perpetrated a fraud against Abi.  The demurrer is overruled, however as to Park's claim for fraud against Kim.  The allegations in the Cross-Complaint are sufficient to support that claim.

The demurrer is sustained without leave to amend as to Abi's claim for elder abuse against Kim.  Abi is a corporation.  As a matter of law, a corporation cannot bring a claim for elder abuse.  The demurrer is overruled, however, as to Park's claim for elder abuse against Kim.  The allegations in the Cross-Complaint are sufficient to support that claim.

The demurrer is sustained without leave to amend as to the claims of both Park and Abi for unjust enrichment.  That is because unjust enrichment is not an independent, standalone cause of action under California law.  Rather, it is an equitable remedial theory on which plaintiffs may recover from defendants.  (Rutherford Holdings, LLC v. Plaza Del Rey (2014) 233 Cal.App.4th 221, 231; Levine v. Blue Shield of California (2010) 189 Cal.App.4th 1117, 1135.)   

Park and Abi are directed to file and serve an amended Cross-Complaint by April 18, 2025.