Judge: Nathan R. Scott, Case: Spectrum Information Services v. Bates Coughtry Reiss, Date: 2022-12-23 Tentative Ruling

Case Management Conference

The CMC is continued to 2/23/23 at 2 pm.

Demurrer

Defendants Lisa Skinner and Chris Skinner’s demurrer is overruled.

They shall file and serve their answers, if at all, within 15 days.

3rd-5th causes of action, misrepresentation/negligent misrepresentation/fraudulent omission.  The SAC now states facts sufficient to constitute these causes of action with the required specificity.  (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638 [elements], 645 [specificity].) 

While some of the allegations are still vague (see e.g. SAC ¶¶ 29-30 [unnamed persons somehow “assured” Pilon]), the SAC sufficiently alleges defendants made fraudulent statements and omissions during the April 12 webinar and June 29 call.  (See SAC ¶¶ 23-24, 28, 58a, 67, 75-77.)

6th cause of action, Section 17200.  The FAC now states predicate claims to support this cause of action.  (See Korea Supply Co. v. Lockheed Martin Corp. (2003) 29 Cal. 4th 1134, 1143 [§ 17200 “borrows” violations].)

Defendants shall give notice.