Judge Robert B. Broadbelt, Case Number: 18STCV08570, Date: 2024-01-31 Tentative Ruling

Judge: Robert B. Broadbelt, Case: 18STCV08570, Date: 2024-01-31 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

RESPONDING PARTIES: Plaintiffs Anthony Aiello and Anthony’s Worldwide Promotions, LLC

The court considered the moving, opposition, and reply papers filed in connection with this motion.

The court grants defendant Sommer Ray Beaty’s request for judicial notice. (Evid. Code, § 452, subd. (c).)

Defendant Sommer Ray Beaty (“Defendant”) moves the court for an order granting her motion for judgment on the pleadings as to the 16th cause of action for economic interference, alleged by plaintiffs Anthony Aiello and Anthony’s Worldwide Promotions, LLC (“Plaintiffs”) in their Complaint.

The court grants Defendant’s motion for judgment on the pleadings on the 16th cause of action for economic interference because it does not state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 438, subd. (c)(B)(ii).)

Plaintiffs’ 16th cause of action is based on the allegations that (1) on June 13, 2016, Plaintiffs and Defendant entered into a binding written contract (the “Contract of Ownership & Management”), of which Defendant had knowledge; (2) Defendant hired Eli Zoe to breach the contract with Plaintiffs by hacking, blocking access to, and interfering with Plaintiffs’ Instagram accounts; (3) that conduct constituted a breach of contract with Plaintiffs; and (4) Plaintiffs “suffered damages in regard to expected revenues from the duly signed contract.” (Compl., ¶¶ 99-101; Compl., p. 2:27-28 [alleging that the contract executed on June 13, 2016 was the “Contract of Ownership & Management”].)

Although Plaintiffs have labeled the 16th cause of action to be a cause of action for economic interference, the facts allege a cause of action for interference with contract since it is based on the interference with the contract between Plaintiffs and Defendant. (Compl., ¶¶ 100-101.) To state a cause of action for intentional interference with a contract, Plaintiffs must allege, inter alia, “‘a valid contract between [Plaintiffs] and a third party . . . .’” (Winchester Mystery House, LLC v. Global Asylum, Inc. (2012) 210 Cal.App.4th 579, 596 [elements of cause of action for intentional interference with contract].) The contract that is the subject of the cause of action (i.e., the June 3, 2016 Contract of Ownership & Management between Plaintiffs and Defendant) has been determined to be void ab initio by the Labor Commissioner. (RJN Ex. A, Determination of Controversy, pp. 3, ¶ 9, 15, ¶ 2.) Thus, the court finds that Plaintiffs have not alleged facts sufficient to constitute a cause of action for interference with contract by failing to allege interference with a “valid” contract.[1] (Ibid.; Winchester Mystery House, LLC, supra, 210 Cal.App.4th at p. 596.)

The court notes that, in opposition, Plaintiffs argue that (1) Defendant denied Plaintiffs the future economic benefits that they would have obtained pursuant to their relationships with advertisers, and (2) they seek to recover damages sustained from having Plaintiffs’ Instagram page taken by Defendant. (Opp., pp. 8:25-9:5.) However, Plaintiffs did not allege those facts in support of this cause of action. Instead, as set forth above, the 16th cause of action alleges that Defendant hired Eli Zoe to breach the contract between Plaintiffs and Defendant and that Plaintiffs suffered damages in the form of expected revenue from that contract. (Compl., ¶¶ 100-101.) The court, however, grants Plaintiffs leave to amend their complaint to allege those facts. (Green Decl., ¶ 4 [Plaintiffs “can amend to allege interference with [Plaintiffs’] relationships with other advertisers and promoters derived from the 20 million followers [they] cultivated for the pages Defendants wrongfully took and appropriated for their own”].)

The court grants defendant Sommer Ray Beaty’s motion for judgment on the pleadings as to the 16th cause of action for economic interference.

The court grants plaintiffs Anthony Aiello and Anthony’s Worldwide Promotions, LLC 20 days leave to file a First Amended Complaint that cures the defects in the 16th cause of action for economic interference as set forth above.

[1] The court also notes that Plaintiffs did not allege the existence of a contract between Plaintiffs “and a third party” and instead have alleged the existence of a contract between Plaintiffs and Defendant. (Winchester Mystery House, LLC, supra, 210 Cal.App.4th at p. 596 [emphasis added].) However, Defendant cannot be held liable for interfering with her own contract. (Applied Equipment Corp. v. Litton Saudi Arabi Ltd. (1994) 7 Cal.4th 503, 514 [“the tort cause of action for interference with contract does not lie against a party to the contract”].)

anthony’s worldwide promotions, llc , et al.; Plaintiffs, vs. sommer ray beaty , et al.; Defendants.	Case No.:	18STCV08570

	Hearing Date:	January 31, 2024

	Time:	10:00 a.m.

	[Tentative] Order RE: defendant’s motion for judgment on the pleadings