Judge: Ronald F. Frank, Case: 21TRCV00531, Date: 2023-08-23 Tentative Ruling


Case Number: 21TRCV00531    Hearing Date: December 11, 2023    Dept: 8

Tentative Ruling¿ 

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HEARING DATE:                 December 11, 2023¿¿ 

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CASE NUMBER:                   21TRCV00531

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CASE NAME:                        Mohammed Abdoun v. South Bay Center SPE, LLC, et al                    .¿¿¿ 

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MOVING PARTY:                (1) Defendants, CBRE, Inc. and CBRE Group, Inc.

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RESPONDING PARTY:       (1) Plaintiff, Mohammed Abdoun

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TRIAL DATE:                       March 4, 2024  

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MOTION:¿                              (1) Defendant,  CBRE, Inc. and CBRE Group, Inc.’s Demurrer to the fraud cause of action

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Tentative Rulings:                  (1) SUSTAINED, without leave to amend.  Plaintiff had previously been given sufficient opportunities to state a viable fraud claim before the Court decided that Plaintiff was not granted leave to amend the fraud claim in the August 23, 2023 hearing and order.  Plaintiff instead was permitted to move forward with his emotional distress cause of action but NOT the fraud cause of action.  Plaintiff’s allegations as to fraud were fatally inconsistent with each other in the 3rd amended complaint, and inconsistent with the written contract provisions.  Having been given sufficient opportunities to amend and the Court finding the allegations were not sufficient as to the 3rd amended complaint, there will be no leave to amend the fraud cause of action yet again.  If Plaintiff was confused by the August 2023 tentative ruling’s identification of issues to be discussed at the August 2023 hearing, the Court now clears that confusion.

 

 

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I. BACKGROUND¿¿ 

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A. Factual¿¿

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On October 19, 2022, Plaintiffs filed their First Amended Complaint (“FAC”) against South Bay Center SPE, LLC, QIC Properties US, Inc, QIC US Management, Inc, CBRE, Inc, CBRE Group, Inc, L Catterton Real Estate, and DOES 1 through 20. On March 21, 2023, Plaintiff filed a Second Amended Complaint. On June 12, 2023, Plaintiff filed a Fourth Amended Complaint (“4AC”) alleging the following causes of action: (1) Breach of Written Contract; (2) Negligence; (3) Fraud; (4) Private Nuisance; (5) Public Nuisance; (6) Violation of Los Angeles County Municipal Code; (7) Intentional Infliction of Emotional Distress.

 

The 4AC is based on the following facts: Defendants and Plaintiff have a license agreement for the use of restaurant space in Defendants’ food court. Plaintiffs claim that Defendants prevented Plaintiffs from properly addressing pest and vermin issues. Therefore, Plaintiff contends compliance with the terms of the license was not possible. Plaintiffs further contend that Defendants unfairly targeted Plaintiffs and have threatened to evict Plaintiffs. Defendants, CBRE, Inc. and CBRE Group, Inc. (“CBRE”) have filed a Demurrer to the fraud cause of action contained in the 4AC.

 

B. Procedural¿¿ 

 

On September, 2023, Defendants, CBRE filed a Demurrer. On October 23, 2023, Plaintiff filed an opposition. On October 27, 2023, Defendants filed a reply brief. In addition, there are multiple discovery motions pending and Plaintiff has a motion pending to appoint a discovery referee.

 

 

 

II. GROUNDS FOR DEMURRER

 

            CBRE Defendants demurs to the 4AC on the grounds that it argues Defendant’s Third cause of action for fraud fails to state facts sufficient to constitute a cause of action, and because this Court, in its August 23, 2023 minute order, did not grant Plaintiff further leave to amend its cause of action for fraud. The Court agrees.

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CBRE Defendants are ordered to give notice.