Judge: Nick A. Dourbetas, Case: 22-01289931, Date: 2023-08-04 Tentative Ruling
1. Demurrer to Amended Complaint
2. Case Management Conference
Defendants International Litigation Services, LLC’s, International Litigation Holdings, LLC’s, Alexander Wang’s, Dara Gill’s, Joshua Rosenberg’s, Anthony Walker’s, Dustin Sellers’s, and Freddie Zhang’s Demurrer to Plaintiffs’ First Amended Complaint (“FAC”) is SUSTAINED WITH LEAVE TO AMEND in part, and OVERRULED in part. (See Code Civ. Proc. § 430.10, subd. (e).
The demurrer to the second and third cause of action for fraud and concealment is sustained with leave to amend on the basis that the causes of action are not alleged with the level of specificity required to allege a cause of action sounding in deceit.
The demurrer to the fourth cause of action for breach of contract is sustained with leave on the basis that the FAC fails to adequately allege facts is support of the elements of existence of a contract. The terms of the contract are not alleged verbatim, the legal effect of the agreement is not adequately alleged, and a copy of the agreement is not appended to the FAC.
The demurrer to the fifth cause of action for intentional interference with contract is sustained with leave on the basis that the FAC fails to adequately allege facts is support of the elements of existence of a valid contract and defendant’s knowledge of the contact and intent to induce its breach.
Additionally, officers and directors generally cannot be held liable for inducing a breach of contract by the corporation. (See Applied Equipment Corp. v. Litton Saudi Arabia (1994) 7 Cal.4th 503; Woods v. Fox Broadcasting Sub., Inc. (2005) 129 Cal.App.4th 344, 353; accord Mintz v. Blue Cross of California (2009) 172 Cal.App.4th 1594, 1604.)
The demurrer to the sixth cause of action for conversion is overruled as to defendant International Litigation Services, LLC, and sustained with leave to amend as to the remaining defendants on the basis that the FAC fails to adequately allege facts is support of the elements of defendant's conversion by a wrongful act or disposition of property rights, and damages.
The demurrer to the seventh cause of action for civil theft is sustained with leave on the basis that the FAC fails to adequately allege facts is support of the elements of property was stolen or obtained in a manner constituting theft, that defendant knew the property was so stolen or obtained, and defendant received or had possession of the stolen property.
The demurrer to the eighth cause of action for wrongful termination/breach of contract is sustained with leave on the basis that the FAC fails to adequately allege facts is support of the elements of termination of Plaintiff’s employment was a violation of public policy. Additionally, the FAC fails to adequately allege the terms of the employment contracts verbatim, the legal effect of the agreements, or copies of agreements are not appended to the FAC.
The demurrer to the ninth cause of action for intentional infliction of emotional distress is sustained with leave on the basis that the FAC fails to adequately allege facts is support of the element of extreme and outrageous conduct by defendants.
The demurrer to the tenth cause of action for accounting is sustained with leave on the basis that the FAC fails to adequately allege facts is support of the elements of a relationship exists between the plaintiff and defendant that requires an accounting, and some balance is due the plaintiff that can only be ascertained by an accounting.
Plaintiffs to file an amended complaint within 10 days.
*** CMC continued to June 24, 2024 at 9 AM. ***
Plaintiffs are ordered to give notice of all the above.