Judge: Stephen P. Pfahler, Case: 22CHCV00748, Date: 2023-04-19 Tentative Ruling

Case Number: 22CHCV00748    Hearing Date: April 19, 2023    Dept: F49

Dept. F-49

Date: 4-19-23

Case #22CHCV00748

Trial Date: Not Set

STRIKE

MOVING PARTY:                Defendant, Afshin Azizisefat, et al.

RESPONDING PARTY:       Plaintiff, Varuzh Azaryan

RELIEF REQUESTED

Motion to Strike

SUMMARY OF ACTION

Plaintiff Varuzh Azaryan alleges the formation of an agreement with defendant Afshin Azizisefat, whereby the parties would jointly acquire and remodel 12509 Pinney St., Pacoima with all proceeds split equally. Plaintiff alleges Afshin agreed to contribute a down payment and take title to the property, with Plaintiff undertaking remodeling operations.

It’s not clear whether the parties intended to resell or rent the premises. Plaintiff alleges a written agreement “itemizing their partnership and Plaintiff’s ownership interest” on May 7, 2022. On August 31, 2022, Plaintiff alleges Afshin Azizisefat (Afshin) listed the premises for sale without the agreement of Plaintiff, and denied the existence of any partnership agreement or equity interest in the property. Afshin identified defendant Neda Azizisefat (Neda) as the business partner and joint equity holder. Afshin also provided a “fraudulent and backdated” promissory note dated March 2022 as evidence of Defendants’ ownership interest.

On September 9, 2022, Plaintiff filed a complaint for Fraud and Intentional Deceit, Conspiracy to Defraud, Breach of Fiduciary Duty, Constructive Fraud, Breach of Contract, Breach of Covenant of Good Faith and Fair Dealing, Quiet Title, and Conversion. Neda is only named in the conspiracy cause of action; Afshin is named in all causes of action.

On March 27, the court overruled the demurrer to the complaint and denied the motion to strike. On April 13, 2023, Defendants answered and filed a cross-complaint for Breach of Oral Contract, Breach of Covenant of Good Faith and Fair Dealing, Fraud, Damage to Property, Intentional Infliction of Emotional Distress, and Negligent Infliction of Emotional Distress.

RULING: Off-Calendar.

Defendants Afshin Azizisefat and Neda Azizisefat move to strike all punitive damages claims. On March 27, 2023, Defendants reserved both a demurrer and motion to strike. Though the demurrer was set for a calendar date of March 27, 2023, and the motion to strike was reserved for April 19, 2023, the court considered the motions together and denied the motion to strike. Defendants further answered the operative complaint on April 13, 2023. The court therefore finds takes the instant hearing off-calendar.

Defendants to give notice.