Judge: Stephen P. Pfahler, Case: 22CHCV00236, Date: 2022-12-30 Tentative Ruling

Case Number: 22CHCV00236    Hearing Date: December 30, 2022    Dept: F49

Dept. F-49

Date: 12-30-22 c/f 11-10-22

Case #22CHCV00236 (consolidated with 22CHCV00319)

Trial Date: Not Set

DEMURRER

MOVING PARTY: Defendant, Shervin Taheri, et al.

RESPONDING PARTY: Plaintiff, Monocent, Inc.

RELIEF REQUESTED

Demurrer to the First Amended Complaint

·         1^st Cause of Action: Breach of Fiduciary Duty–Duty of Loyalty

·         2^nd Cause of Action: Breach of Fiduciary Duty – Duty of Care

·         3^rd Cause of Action: Intentional Interference with Prospective Business Advantage

·         4^th Cause of Action: Negligent Interference with Prospective Economic Advantage

·         5^th Cause of Action: Intentional Interference with Contractual Relations

·         6^th Cause of Action: Violation of Business and Professions Code section 17200

·         8^th Cause of Action: Fraud—Intentional Misrepresentation

·         9^th Cause of Action: Fraud – Negligent Misrepresentation

·         10^th Cause of Action: Misappropriation of Trade Secrets

SUMMARY OF ACTION

Defendant Mina Kateb was “hired … as a managing director” with Plaintiff Monocent, Inc. on an unspecified date for an unspecified period of time. Monocent alleges Kateb improperly diverted customers, vendors, and business suppliers for “personal benefit,” diverting future business, and taking trade secrets.

On April 7, 2022, Monocent filed its complaint for Breach of Fiduciary Duty–Duty of Loyalty, Breach of Fiduciary Duty – Duty of Care, Intentional Interference with Prospective Business Advantage, Negligent Interference with Prospective Economic Advantage, Intentional Interference with Contractual Relations, Violation of Business and Professions Code section 17200, Negligence, Fraud—Intentional Misrepresentation, Fraud—Negligent Misrepresentation, Misappropriation of Trade Secrets, and Declaratory Relief.

On May 10, 2022, Kateb filed a complaint (22CHCV00319) for Fraudulent Misrepresentation, Breach of Fiduciary Duty – Duty of Loyalty, Breach of Fiduciary Duty – Duty of Care (twice), Negligence, Retaliation in Violation of Labor Code section 1102.5, Wrongful Constructive Termination, Unfair Competition in Violation of Business and Professions Code section 17200, Intentional Interference with Prospective Contractual Relations, Negligent Interference with Prospective Contractual Relations, Breach of Contract, and Declaratory Relief.

On June 27, 2022, the court entered the stipulation of the parties relating and consolidating the cases.

On October 13, 2022, the court sustained the demurrer to the complaint. Plaintiff filed a first amended complaint on November 14, 2022.

RULING: Off-Calendar/Moot.

Plaintiff filed a first amended complaint, thereby rendering the subject demurrer moot. The court acknowledges the caption of the motion seeking a demurrer to the “first amended complaint,” but given the subject demurrer was filed on August 2, 2022, and the actual first amended complaint was not filed until November 14, 2022, the court determines the caption is a typographical error. The court therefore takes the subject demurrer off-calendar.

The court shows a demurrer currently reserved for February 6, 2023.

Moving Defendants to give notice.