Judge: Teresa A. Beaudet, Case: 22STCV15510, Date: 2023-04-26 Tentative Ruling

Case Number: 22STCV15510    Hearing Date: January 19, 2024    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

Plaintiff JC 2020 Corp. (“JC 2020”) filed this action on May 10, 2022 against Defendants New Hampshire BBL, LLC (“New Hampshire BBL”) and Robert Lee, an individual dba Landpac Properties.

On June 30, 2022, JC 2020 filed amendments to the Complaint naming Christine A. Lee AKA Soo Lee in place of Doe 3 and Timothy Lee in place of Doe 4. On July 27, 2022, JC 2020 filed an amendment to the Complaint naming Christopher Y Lee in place of Doe 5.  

JC 2020 filed the operative First Amended Complaint (“FAC”) on July 27, 2022, asserting causes of action for (1) breach of written contract, (2) promissory estoppel,

(3) fraudulent concealment, (4) fraudulent misrepresentation, and (5) fraudulent transfer.

On July 20, 2022, Robert Lee and New Hampshire BBL filed a Cross-Complaint against Cross-Defendants JC 2020, Jeannie Yoon, Benjamin Ahn, and James Mortensen. The Cross-Complaint asserts causes of action for (1) indemnification, (2) apportionment of fault, (3) intentional tort, and (4) intentional tort.

Christine A. Lee, Christopher Y. Lee, Timothy Lee, and Robert Lee (collectively, “Defendants”) now demur to each of the causes of action of the FAC. JC 2020 opposes.

Discussion

As an initial matter, the Court notes that it issued a minute order on November 13, 2023 continuing the hearing on the instant demurrer from November 13, 203 to January 19, 2024.

The Court’s November 13, 2023 minute order notes that “[t]he Court does not find that Defendants’ counsel’s declaration demonstrates that the parties met and conferred by telephone or in person concerning Defendants’ demurrer to the FAC. Defendants’ counsel states that ‘Plaintiff had notice of Defendants’ objections to the Complaint by telephone and in April 19 and May 21, 2022,’ but this appears to concern the original Complaint, as the FAC was filed on July 27, 2022.”

The Court’s November 13, 2023 minute order further provides that “Defendants are ordered to meet and confer with JC 2020 within 10 days of the date of this order. If the parties are unable to resolve the pleading issues or if the parties are otherwise unable to meet and confer in good faith, Defendants are to thereafter file and serve a declaration setting forth the efforts to meet and confer in compliance with Code of Civil Procedure section 430.41, subdivision (a)(3) within 15 days of this order.” 

The Court notes that Defendants have not filed any declaration setting forth Defendants’ counsel’s efforts to meet and confer. Moreover, on January 8, 2024, plaintiffs’ counsel filed a declaration stating that on November 13, 2023, he emailed defense counsel stating that “[a]fter reading the tentative, which continued your demurrer, I will offer to file a TAC, consisting of the FAC + the exhibits that seem to be a principal issue in your demurrer - same that were on the original complaint. You would need to stip to leave of the court to file it. If you agree, we can have a phone call confirming it, to comply with the judge’s desire that we do a telephone or in-person meet and confer.” (Mortensen Decl., ¶ 2.) Plaintiffs’ counsel states that he has “not received any response to [his] inquiries or other communication from Defense counsel to meet and confer about the demurrer.” (Mortensen Decl., ¶ 4.)

Conclusion

Based on the foregoing, Defendants’ demurrer is taken off calendar and Defendants are ordered to file an answer to the FAC within 10 days of the date of this Order.

Plaintiff is ordered to give notice of this order. 

DATED:  January 19, 2024                           

________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court