Judge: Ronald F. Frazier, Case: 37-2020-00005475-CU-PN-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  Professional Negligence Demurrer / Motion to Strike 37-2020-00005475-CU-PN-CTL 3585 INDIA STREET LLC VS MARASHI [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 02/21/2023

Defendants Reza Mohammad Marashi and Zeeba Company, Inc.'s Demurrer to Plaintiff's First Amended Complaint is OVERRULED. (ROA 79.) As to the first and second causes of action, the demurrer is overruled. Defendants assert Plaintiff has failed to allege sufficient facts to state a cause of action against Defendant Marashi. However, the court concludes the causes of action are stated sufficiently to survive demurrer.

As to the fifth cause of action, the demurrer is overruled. Plaintiff's breach of contract claim against Defendant Zeeba is not barred by res judicata/claim preclusion. (See Hong Sang Market, Inc. v. Peng (2018) 20 Cal.App.5th 474.) Defendants' and Plaintiff's requests for judicial notice are both granted.

Defendants' Motion to Strike Portions of Plaintiff's Complaint is DENIED. (ROA 82.) Plaintiff has stated several fraud-based causes of action, which Defendants did not challenge in their demurrer. Fraud is a basis for punitive damages. (Civ. Code § 3294.) Calendar No.: Event ID:  TENTATIVE RULINGS

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