Judge: Robert P. Dahlquist, Case: 37-2023-00008424-CU-FR-NC, Date: 2023-12-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - December 01, 2023

12/01/2023  02:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Fraud Demurrer / Motion to Strike 37-2023-00008424-CU-FR-NC CASTANEDA VS. BRIGHT [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Jason Young and CodeBiosys' demurrer (ROA # 104) is sustained with leave to amend. If plaintiffs chose to amend, plaintiffs shall file and serve their amended complaint by Dec. 22, 2023.

Defendant David Motes' demurrer (ROA # 113) is sustained with leave to amend. If plaintiffs chose to amend, plaintiffs shall file and serve their amended complaint by Dec. 22, 2023.

In any amended complaint, plaintiffs are directed to comply strictly with CRC Rule 2.112.

In any amended complaint, plaintiffs are directed to allege with specificity, as to each of the moving parties, the facts pertaining to any claim for any type of fraud, including any claim of intentional misrepresentation, concealment or false promise. Conclusory allegations are insufficient to support a valid claim for fraud. The conduct of each defendant must be specifically alleged. Each element of each claim against each defendant must be pled with specificity. An assertion that 'defendants' misrepresented something to 'plaintiffs' is insufficient. The specific statement by each defendant, and the identity of the plaintiff receiving the statement, must be identified.

More generally, in a case like this, where plaintiffs have elected to sue multiple defendants, each defendant is entitled to notice of his/her/its conduct that forms the basis for each cause of action being asserted against that defendant. It is generally inappropriate in this context to lump all defendants together and allege that 'defendants' did some action or failed to do some action. For example, if plaintiffs are choosing to sue these moving defendants for conversion and theft, plaintiffs should allege the actions of each defendant that constitutes the alleged conversion and theft. Similarly, it is generally inappropriate to lump all plaintiffs together. Whatever was allegedly converted or taken should be identified as the property of a specific plaintiff.

In any amended complaint, plaintiffs should not include TEC Biosciences Inc. as a plaintiff since TEC Biosciences Inc. was dismissed from the complaint at the request of plaintiff's counsel. (ROA # 17) If plaintiffs now intend to include TEC Biosciences Inc. in the complaint, despite the dismissal, the court invites plaintiffs' counsel to appear at the hearing to discuss this matter with the court and the other parties.

The above examples are not exhaustive of the insufficiencies of plaintiffs' complaint. If plaintiffs elect to amend their complaint, the court urges plaintiffs to carefully evaluate and address each of the points raised in these demurrers.

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3057675 CASE NUMBER: CASE TITLE:  CASTANEDA VS. BRIGHT [IMAGED]  37-2023-00008424-CU-FR-NC It appears from the papers filed to date that plaintiffs' claims are based to a great extent on the alleged conduct of Andrew Taylor Bright. The court invites that parties to appear at the hearing to inform the court of any efforts to litigate the claims against Mr. Bright in Delaware. The court is considering staying this current litigation pending the resolution of the litigation in Delaware. The court invites the parties' input on this topic.

This is the tentative ruling for an appearance hearing (in person or remote) at 2:30 p.m. on Friday, December 1, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of December 1, 2023. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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3057675