Judge: Stephen P. Pfahler, Case: 21CHCV00423, Date: 2023-02-01 Tentative Ruling

Case Number: 21CHCV00423    Hearing Date: February 1, 2023    Dept: F49

Dept. F-49

Date: 2-1-23

Case #21CHCV00423

Trial Date: Not Set

DEMURRER

MOVING PARTY:                Defendants, Azniv Kouyoumjian, et al.

RESPONDING PARTY:       Plaintiff, Win Partners, LLC

RELIEF REQUESTED

Demurrer to the Answer to the Second Amended Complaint

SUMMARY OF ACTION

Plaintiff Win Partners, LLC alleges a January 24 or 25, 2021, oral agreement, whereby defendants World Tech Toys, Inc., World Trading 23, Inc., and/or Kevork Kouyoumjian, agreed to deliver certain personal protective equipment (PPE) described as “medical grade disposable seamless rubber gloves.” Plaintiff alleges payment of five million dollars ($5,000,000), but only received non-medical grade, non-FDA approved, “counterfeit” equipment, which lacks any resale value. 

On June 2, 2021, Plaintiff filed a complaint for Breach of Contract, Unfair Business Practices, Breach of Fiduciary Duties, and Fraud. On February 18, 2022, the court granted Plaintiff’s motion for leave to amend. On February 28, 2022, Plaintiff substituted in Jacques Kouyoumjian for Doe 3. On March 2, 2022, Plaintiff filed a first amended complaint for Breach of Contract, Unfair Business Practices, Breach of Fiduciary Duties, and Fraud.

On August 4, 2022, the court granted Plaintiff leave to file a second amended complaint. On August 5, 2022, Plaintiff filed the second amended complaint for Breach of Contract, Unfair Business Practices, Beach of Fiduciary Duties, and Fraud. On September 7, 2022, World Tech Toys, Inc., et al. answered and filed a cross-complaint against Win Partners, LLC, et al. for Breach of Contract, Fraud/Deceit, Negligent Misrepresentation, and Quantum Meruit.

On January 11, 2023, the court sustained the demurrer of Jacques Kouyoumjian, Azniv Kouyoumjian, and Vicken Kouyoumjian to the second amended complaint.

RULING: Off-Calendar.

Plaintiff submits the demurrer to each and every of the 34 affirmative defenses in the answer on grounds that the answer lacks supporting facts and instead only relies on unsupported conclusions. Defendants in opposition contends the demurrer is now rendered moot given the successful demurrer to the second amended complaint, thereby rendering the subject answer effectively moot. Defendants in opposition otherwise challenge the validity of the demurrer, and alternatively request leave to amend. Plaintiff in reply challenges that the operative answer is moot, given no amended complaint has been filed.

The January 11, 2023, successful demurrer of Jacques Kouyoumjian, Azniv Kouyoumjian, and Vicken Kouyoumjian to the entire second amended complaint effectively either renders the subject answer moot upon the filing of an amended pleading, or the entire action will be subject to dismissal, if Plaintiff declines to file an amended pleading. The court therefore declines to address an answer to a pleading that will effectively no longer serve respond to the operative complaint due to either amendment or dismissal. The court does not engage in advisory opinions.

Thus, the court takes the motion off-calendar.

Demurrers set for February 22, 2023, and March 16, 2023, respectively.

Plaintiff to give notice.