Judge: Nathan R. Scott, Case: Bhat v. Sheikh, Date: 2022-10-28 Tentative Ruling
Case Management Conference
The CMC is continued to 12/15/22 at 2 pm.
Demurrers
Defendants Debra Osborne and SoCal Coastal Realty Group’s demurrer is taken off calendar. (See 9/19/22 dismissal.)
Defendants Zachary Stevens and Home as Art Inc.’s demurrer is overruled as to the 1st, 2nd, and 6th causes of action and sustained as to the 4th and 5th causes of action.
Plaintiffs Rohit Bhat and Sindhu Aithal shall have leave to file and serve an amended complaint within 15 days.
1st-2nd causes of action, fraudulent concealment / negligent misrepresentation. The complaint states facts sufficient to constitute these cause of action. (See Roddenberry v. Roddenberry (1996) 44 Cal.App.4th 634 [elements]; Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4th 394, 403 [less specificity required when defendant possesses full information]; Alfaro v. Community Housing Imp. System & Planning Ass’n, Inc. (2009) 171 Cal.App.4th 1356, 1384 [same]; see also Compl. ¶¶ 36-42, 46.)
4th cause of action, Civil Code § 1102. The complaint fails to state facts sufficient to constitute this cause of action. It fails to allege defendants failed to complete a reasonably competent and diligent visible inspection or that the defects would be visible upon such an inspection. (See Civ. Code, § 2079.)
5th cause of action, breach of contract. The complaint fails to allege facts sufficient to constitute this cause of action. It fails to allege defendants were parties to any contract. Nor does it allege facts showing they are third-party beneficiaries of any contract.
6th cause of action, Section 17200. The complaint states facts sufficient to constitute this cause of action, which is adequately supported by the 1st and 2nd causes of action.
Motions to Strike
Defendants Debra Osborne and SoCal Coastal Realty Group’s motion to strike is taken off calendar. (See 9/19/22 dismissal.)
Defendants Zachary Stevens and Home as Art Inc.’s motion to strike is denied. The viable fraud cause of action states facts sufficient to support a prayer for punitive damages. (See Civ. Code, § 3294, subd. (c)(3).)
Defendant Stevens shall give notice.