Case Number: 37-2013-00046245
Hearing Date: July 8, 2016
County: San Diego County
Judicial Officer: Casserly
Word Count: 549

 

Case Number: 37-2013-00046561
Hearing Date: July 8, 2016
County: San Diego County
Judicial Officer: Casserly
Word Count: 527

 

Case Number: Timothy M. Casserly
Hearing Date: July 8, 2016
County: San Diego County
Judicial Officer: Casserly
Word Count: 550

 

Case Number: 37-2015-00006357
Hearing Date: July 8, 2016
County: San Diego County
Judicial Officer: Casserly
Word Count: 1,062

 

Case Number: 37-2014-00033728
Hearing Date: July 8, 2016
County: San Diego County
Judicial Officer: Casserly
Word Count: 1,124

 

Case Number: 37-2014-00027528-CU-OR-NC
Hearing Date: June 24, 2016
County: San Diego County
Judicial Officer: Casserly
Word Count: 4,335

 

Case Number: 37-2014-00027528-CU-OR-NC 1. The Court issues the following ruling on Plaintiff Anthony Chok-Yin Yung's motion to strike Defendant's demurrer to Plaintiff's first amended complaint: Plaintiff Anthony Chok-Yin Yung motion to strike the entire demurrer to Plaintiff's First Amended Complaint filed on March 28, 2016 by Defendant Anthony Chok-Yin is denied. 2. The Court issues the following ruling on Defendant Chok Cheung Yung's demurrer to Plaintiff's first amended complaint: Preliminary Matters / Judicial Notice Defendant Chok Cheung Yung's request for Judicial Notice is granted. The Court takes judicial notice of the existence of these documents. Substantive Ruling Defendant Chok Cheung Yung's demurrers to the second, third, fourth, sixth, seventh, eighth, ninth, tenth, eleventh, thirteenth, fourteenth, fifteenth, sixteenth and seventeenth causes of action of Plaintiff Anthony Chok-Yin Yung's first amended complaint are overruled. Defendant Chok Cheung Yung is ordered to answer the first amended complaint within 15 days of the date of this ruling. Demurrer to the second cause of action for (breach of oral contract) The elements required to state a cause of action for breach of contract are: (1) Existence of contract; (2) plaintiffs' performance or excuse for nonperformance; (3) defendants' breach (or anticipatory breach); and (4) resulting damage. Armstrong Petroleum Corp. v. Tri-Valley Oil & Gas Co (2004) 116 Cal.App.4th 1375, 1391 n.6; Ersa Grae Corp. v. Fluor Corp. (1991) 1 Cal.App.4th 613, 625 (addressing anticipatory breach). Plaintiffs second cause of action for breach of oral contract states facts that are sufficient to constitute a cause of action under Code of Civil Procedure section 430.10 (e) and is sufficiently certain to appraise Defendant of the claim alleges against him. (CCP section 430.10 (e) and (f). At paragraphs 6 through 35, Plaintiff sets forth his factual allegations. At paragraph 41, Plaintiff incorporates by reference every CASE TITLE: YUNG VS. YUNG[IMAGED] CASE NUMBER: 37-2014-00027528-CU-OR-NC paragraph into his second cause of action. At paragraphs 42 through 45, Plaintiff sets forth allegations which include all the required elements to constitute a cause of action for breach of oral contract at this stage of the proceedings against this demurring defendant. Demurrer to the third cause of action for (accounting) The elements required to state a cause of action for accounting are: (1) Existence of a relationship requiring accounting, such as fiduciary; (2) unliquidated and unascertained balance is owed. St. James Church of Christ Holiness v. Superior Court (1955) 135 Cal.App.2d 352,359; Raymond v. Independent Growers, Inc. (1955) 133 Cal.App.2d 154, 160. Plaintiff's third cause of action for accounting states facts that are sufficient to constitute a cause of action under Code of Civil Procedure section 430.10 (e). At paragraphs 6 through 35, Plaintiff sets forth his factual allegations. At paragraph 46, Plaintiff incorporates by reference every paragraph into his third cause of action. At paragraphs 42 through 52, Plaintiff sets forth allegations which include all the required elements to constitute a cause of action for accounting at this stage of the proceedings against this demurring defendant. Demurrer to the fourth cause of action for (breach of fiduciary duty) The elements required to state a cause of action for breach of fiduciary duty are: (1) Fiduciary duty; (2) breach of the duty; and (3) damage caused by the breach. See Charnay v. Cobert (2006) 145 Cal.App.4th 170, 182; Stanley v. Richmond (1995) 35 Cal.App.4th 1070, 1086. Plaintiff's fourth cause of action for breach of fiduciary duty states facts that are sufficient to constitute a cause of action under Code of Civil Procedure section 430.10 (e). At paragraphs 6 through 35, Plaintiff sets forth his factual allegations. At paragraph 53, Plaintiff incorporates by reference every paragraph into his fourth cause of action. At paragraphs 54 through 60, Plaintiff sets forth allegations which include all the required elements to constitute a cause of action for breach of fiduciary duty at this stage of the proceedings against this demurring defendant. Demurrer to the sixth cause of action for (winding up and dissolution of partnership) The elements required to state a cause of action for a partnership dissolution are: (1) It is not reasonably practicable to carry on the business in conformity with the partnership agreement; (2) The general partners have been guilty of or have knowingly countenanced persistent and pervasive fraud or abuse of authority or persistent unfairness toward any partner, or the property of the limited partnership is being misapplied or wasted by the general partners; or (2) Dissolution is reasonably necessary for the protection of the rights or interest of the complaining partners. Corp. C. §15682; 9 Witkin Sum. Of Cal. Law (10th ed. 2005) Partnership §96. Plaintiff's sixth cause of action for winding up and dissolution of partnership states facts that are sufficient to constitute a cause of action under Code of Civil Procedure section 430.10 (e). At paragraphs 6 through 35, Plaintiff sets forth his factual allegations. At paragraph 66, Plaintiff incorporates by reference every paragraph into his sixth cause of action. At paragraphs 67 through 79, Plaintiff sets forth allegations which include all the required elements to constitute a cause of action for winding up and dissolution of partnership at this stage of the proceedings against this demurring defendant. Demurrer to the seventh cause of action for (constructive trust) The elements required to state a cause of action for a constructive trust are: (1) Wrongful act (underlying claim incorporated into the cause of action); (2) specific, identifiable property or property interest, or excuse for inability to describe it; (3) plaintiff's right to the property; and (4) defendant has title thereto. Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 76; Dabney v. Philleo (1951) 38 Cal.2d 60, 68; Michaelian v. State Comp. Ins. Fund (1996) 50 Cal. App. 4th 1093, 1114; Douglas v. Sup. Ct. (1989) 215 Cal.App.3d 155, 160; Signal Hill Aviation Co. v. Stroppe (1979) 96 Cal.App.3d 627, 638-39; Weiss v. Marcus (1975) 51 Cal.App.3d 590, 600; Civil Code § 2224; 5 Witkin, Cal. Pro. (4th ed. 1997) Pleadings §796. CASE TITLE: YUNG VS. YUNG[IMAGED] CASE NUMBER: 37-2014-00027528-CU-OR-NC Plaintiff's seventh cause of action for imposition of constructive trust states facts that are sufficient to constitute a cause of action under Code of Civil Procedure section 430.10 (e). At paragraphs 6 through 35, Plaintiff sets forth his factual allegations. At paragraph 80, Plaintiff incorporates by reference every paragraph into his seventh cause of action. At paragraphs 81 through 87, Plaintiff sets forth allegations which include all the required elements to constitute a cause of action for imposition of a constructive trust at this stage of the proceedings against this demurring defendant. Demurrer to the eighth cause of action for (accounting of partnership assets) California Corporations Code § 16401. Partner accounts; share of profits; reimbursements; conduct of partnership business; becoming a partner (a) Each partner is deemed to have an account that is subject to both of the following: (1) Credited with an amount equal to the money plus the value of any other property, net of the amount of any liabilities, the partner contributes to the partnership and the partner's share of the partnership profits. (2) Subject to Sections 16306 and 16957, charged with an amount equal to the money plus the value of any other property, net of the amount of any liabilities, distributed by the partnership to the partner and the partner's share of the partnership losses. (b) Each partner is entitled to an equal share of the partnership profits and, subject to Sections 16306 and 16957, is chargeable with a share of the partnership losses in proportion to the partner's share of the profits. (c) A partnership shall reimburse a partner for payments made and indemnify a partner for liabilities incurred by the partner in the ordinary course of the business of the partnership or for the preservation of its business or property. (d) A partnership shall reimburse a partner for an advance to the partnership beyond the amount of capital the partner agreed to contribute. (e) A payment or advance made by a partner that gives rise to a partnership obligation under subdivision (c) or (d) constitutes a loan to the partnership that accrues interest from the date of the payment or advance. (f) Each partner has equal rights in the management and conduct of the partnership business. (g) A partner may use or possess partnership property only on behalf of the partnership. (h) A partner is not entitled to remuneration for services performed for the partnership, except for reasonable compensation for services rendered in winding up the business of the partnership. (i) A person may become a partner only with the consent of all of the partners. (j) A difference arising as to a matter in the ordinary course of business of a partnership may be decided by a majority of the partners. An act outside the ordinary course of business of a partnership and an amendment to the partnership agreement may be undertaken only with the consent of all of the partners. (k) This section does not affect the obligations of a partnership to other persons under Section 16301. Under the Revised Uniform Partnership Act [Corp. Code §§ 16301 et seq.], each partner is deemed to have an account that is credited with an amount equal to the money plus the value of any other property, net of the amount of any liabilities, the partner contributes to the partnership and the partner's share of the partnership profits. The partnership account is also charged with an amount equal to the money plus the value of any other property, net of the amount of any liabilities, distributed by the partnership to the partner and the partner's share of the partnership losses. [Corp. Code § 16401, subd. (a)] See § 17:9. Acquisition of partnership interest and capital contributions Westlaw. © 2016 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.) A partnership must reimburse a partner for payments made and indemnify a partner for liabilities incurred by the partner in the ordinary course of the business of the partnership or for the preservation of its business or property. [Corp. Code § 16401, subd. (c)] A partnership must also reimburse a partner for any advance to the partnership beyond the amount of capital the partner agreed to contribute. [Corp. Code § 16401, subd. (d)] A payment or advance made by a partner that gives rise to a partnership obligation under Corp. Code § 16401, subd. (c) or (d)] constitutes a loan to the partnership that accrues interest from the date of the payment or advance. [Corp. Code § 16401, subd. (e)] Ordinarily, a partner is not entitled to interest on capital contributions prior to an accounting unless it is expressly agreed to by CASE TITLE: YUNG VS. YUNG[IMAGED] CASE NUMBER: 37-2014-00027528-CU-OR-NC the partners. (Burge v. Michael, 213 Cal.App.2d 780, (5th Dist. 1963): See § 17:9. Acquisition of partnership interest and capital contributions Westlaw. © 2016 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.) In this case, Plaintiff's eighth cause of action for accounting of partnership assets states facts that are sufficient to constitute a cause of action under Code of Civil Procedure section 430.10. At paragraphs 6 through 35, Plaintiff sets forth his factual allegations. At paragraph 88, Plaintiff incorporates by reference every paragraph into his eighth cause of action. At paragraphs 89 through 99, Plaintiff sets forth allegations which include all the required elements to constitute a cause of action for accounting of partnership assets at this stage of the proceedings against this demurring defendant. Demurrer to the ninth cause of action for (sale of partnership assets) California Corporations Code § 16203. Partnership property Property acquired by a partnership is property of the partnership and not of the partners individually. Acquisitions of property by partnership. Under the Act, property acquired by a partnership becomes property of the partnership as an entity and not of the partners individually. [Corp. Code § 16203] Thus, a partner is not a co- owner of partnership property and has no interest in partnership property that can be transferred, either voluntarily or involuntarily. [Corp. Code § 16501; for definition of property, see Corp. Code § 16101(15)] A partner may use or possess partnership property only on behalf of the partnership. [Corp. Code § 16401(g): Corp. Code § 16204(d)] (See § 17:10. Partnership property Westlaw. © 2016 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.) In this case, Plaintiff's ninth cause of action for sale of partnership assets states facts that are sufficient to constitute a cause of action under Code of Civil Procedure section 430.10 (e). At paragraphs 6 through 35, Plaintiff sets forth his factual allegations. At paragraph 100, Plaintiff incorporates by reference every paragraph into his ninth cause of action. At paragraphs 101 through 105, Plaintiff sets forth allegations which include all the required elements to constitute a cause of action for sale of partnership assets at this stage of the proceedings against this demurring defendant. Demurrer to the tenth cause of action for (distribution of partnership assets) California Corporations Code § 16405. Breach of partnership agreement; violation of duty; action by partnership against partner (a) A partnership may maintain an action against a partner for a breach of the partnership agreement, or for the violation of a duty to the partnership, causing harm to the partnership. (b) A partner may maintain an action against the partnership or another partner for legal or equitable relief, with or without an accounting as to partnership business, to do any of the following: (1) Enforce the partner's rights under the partnership agreement. (2) Enforce the partner's rights under this chapter, including all of the following: (A) The partner's rights under Section 16401, 16403, or 16404. (B) The partner's right on dissociation to have the partner's interest in the partnership purchased pursuant to Section 16701 or 16701.5, or to enforce any other right under Article 6 (commencing with Section 16601) or 7 (commencing with Section 16701). (C) The partner's right to compel a dissolution and winding up of the partnership business under Section 16801 or enforce any other right under Article 8 (commencing with Section 16801). (3) Enforce the rights and otherwise protect the interests of the partner, including rights and interests arising independently of the partnership relationship. (c) The accrual of, and any time limitation on, a right of action for a remedy under this section is governed by other law. A right to an accounting upon a dissolution and winding up does not revive a claim barred by law. Plaintiff's tenth cause of action for distribution of partnership assets states facts that are sufficient to constitute a cause of action under Code of Civil Procedure section 430.10 (e). At paragraphs 6 through 35, Plaintiff sets forth his factual allegations. At paragraph 106, Plaintiff incorporates by reference every paragraph into his tenth cause of action. At paragraphs 107 through 111, Plaintiff sets forth allegations CASE TITLE: YUNG VS. YUNG[IMAGED] CASE NUMBER: 37-2014-00027528-CU-OR-NC which include all the required elements to constitute a cause of action for distribution of partnership assets at this stage of the proceedings against this demurring defendant. Demurrer to eleventh cause of action for (breach of fiduciary duty and duty of loyalty) California Corporations Code § 16404. Fiduciary duties (a) The fiduciary duties a partner owes to the partnership and the other partners are the duty of loyalty and the duty of care set forth in subdivisions (b) and (c). (b) A partner's duty of loyalty to the partnership and the other partners includes all of the following: (1) To account to the partnership and hold as trustee for it any property, profit, or benefit derived by the partner in the conduct and winding up of the partnership business or derived from a use by the partner of partnership property or information, including the appropriation of a partnership opportunity. (2) To refrain from dealing with the partnership in the conduct or winding up of the partnership business as or on behalf of a party having an interest adverse to the partnership. (3) To refrain from competing with the partnership in the conduct of the partnership business before the dissolution of the partnership. (c) A partner's duty of care to the partnership and the other partners in the conduct and winding up of the partnership business is limited to refraining from engaging in grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of law. (d) A partner shall discharge the duties to the partnership and the other partners under this chapter or under the partnership agreement and exercise any rights consistently with the obligation of good faith and fair dealing. (e) A partner does not violate a duty or obligation under this chapter or under the partnership agreement merely because the partner's conduct furthers the partner's own interest. (f) A partner may lend money to and transact other business with the partnership, and as to each loan or transaction, the rights and obligations of the partner regarding performance or enforcement are the same as those of a person who is not a partner, subject to other applicable law. (g) This section applies to a person winding up the partnership business as the personal or legal representative of the last surviving partner as if the person were a partner. Plaintiff's eleventh cause of action for breach of fiduciary duty and duty of loyalty states facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10 (e). At paragraphs 6 through 35, Plaintiff sets forth his factual allegations. At paragraph 112, Plaintiff incorporates by reference every paragraph into his eleventh cause of action. At paragraphs 113 through 126, Plaintiff sets forth allegations which include all the required elements to constitute a cause of action for breach of fiduciary duty and duty of loyalty at this stage of the proceedings against this demurring defendant. Demurrer to the thirteenth cause of action for (negligence) The elements required to state a cause of action for negligence are: (1) Legal duty owed to plaintiffs to use due care; (2) breach of duty; (3) causation; and (4) damage to plaintiff. Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917. See also Bushling v. Fremont Medical Center (2004) 117 Cal.App.4th 493, 517 (claim of negligence may be based upon allegations that the harm would not have occurred but for negligence that is premised on a theory of the doctrine of res ipsa loquitur); Kaiser Steel Corp. v. Westinghouse Elec. Corp. (1976) 55 Cal.App.3d 737, 745 (res ipsa loquitur). Plaintiff's thirteenth cause of action for negligence states facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10 (e). At paragraphs 6 through 35, Plaintiff sets forth his factual allegations. At paragraph 133, Plaintiff incorporates by reference every paragraph into his thirteenth cause of action. At paragraphs 134 through 137, Plaintiff sets forth allegations which include all the required elements to constitute a cause of action for negligence at this stage of the proceedings against this demurring defendant. Demurrer to the fourteenth cause of action (conversion) The elements required to state a cause of action for conversion are: (1) Plaintiff's ownership or right to possession of personal property; (2) defendant's disposition of the property inconsistent with plaintiff's rights; and (3) resulting damages. Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 CASE TITLE: YUNG VS. YUNG[IMAGED] CASE NUMBER: 37-2014-00027528-CU-OR-NC Cal.App.4th 97, 119; PCO, Inc. v. Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP (2007) 150 Cal.App.4th 384, 395, (2007) (money cannot be the subject of a cause of action for conversion unless there is an identifiable sum); Fischer v. Machado (1996) 50 Cal.App.4th 1069, 1072; Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 451. "Conversion is the wrongful exercise of dominion over the property of another. The elements of a conversion are the plaintiff's ownership or right to possession of the property at the time of the conversion; the defendant's conversion by a wrongful act or disposition of property rights; and damages. It is not necessary that there be a manual taking of the property; it is only necessary to show an assumption of control or ownership over the property, or that the alleged converter has applied the property to his own use. [Citations.]" (Oakdale Village Group v. Fong (1996) 43 Cal.App.4th 539, 543-544.) Money can be the subject of an action for conversion if a specific sum capable of identification is involved. (Weiss v. Marcus (1975) 51 Cal.App.3d 590, 599.) Plaintiff's fourteenth cause of action for conversion states facts that are sufficient to constitute a cause of action under Code of Civil Procedure section 430.10 (e). ). At paragraphs 6 through 35, Plaintiff sets forth his factual allegations. At paragraph 138, Plaintiff incorporates by reference every paragraph into his fourteenth cause of action. At paragraphs 139 through 143, Plaintiff sets forth allegations which include all the required elements to constitute a cause of action for conversion at this stage of the proceedings against this demurring defendant. Demurrer to the fifteenth cause of action for (quantum meruit) based on breach of the management agreement The elements of a cause of action based on quantum meruit are: (1) Plaintiff's performance of services, work or labor; (2) at defendant's request; and (3) defendant's promise to pay a reasonable value. E.g., 4 Witkin, Cal. Pro. Pleading (4th ed. 1997). §527 (citing, e.g., McFarland v. Holcomb (1898) 123 Cal.84, 85). Plaintiff's fifteenth cause of action for quantum meruit states facts that are sufficient to constitute a claim based on quantum meruit for breach of the management agreement and which claim is sufficiently certain to appraise Defendant of the nature and basis of the claim alleged against Defendant. CCP section 430.10 subdivisions (e) and (f). At paragraphs 6 through 35, Plaintiff sets forth his factual allegations. At paragraph 144, Plaintiff incorporates by reference every paragraph into his fifteenth cause of action. At paragraphs 145 through 147, Plaintiff sets forth allegations which include all the required elements to constitute a claim and/or cause of action for quantum meruit based on Defendants alleged breach of the management agreement at this stage of the proceedings against this demurring defendant. Demurrer to the sixteenth cause of action for (promissory estoppel) The elements required to state a cause of action for promissory estoppel are: (1) Promise; (2) which the promisor should reasonably expect to induce action or forbearance; (3) of a definite and substantial character; (4) on the part of the promisee; (5) induces such action or forbearance; and (6) injustice can be avoided only by enforcement of the promise. Lange v. Tig Ins. Co. (1998) 68 Cal.App.4th 1179, 1185; C & K Eng'g Contractors v. Amber Steel Co. (1978) 23 Cal.3d 1, 6. Plaintiff's sixteenth cause of action for promissory estoppel states facts that are sufficient to constitute a cause of action under Code of Civil Procedure section 430.10 (e) and that is sufficiently certain to appraise Defendant of the nature and basis of the claim alleged against Defendant. CCP section 430.10 subdivisions (e) and (f). At paragraphs 6 through 35, Plaintiff sets forth his factual allegations. At paragraph 148, Plaintiff incorporates by reference every paragraph into his fourteenth cause of action. At paragraphs 149 through 152, Plaintiff sets forth allegations which include all the required elements to constitute a claim and/or cause of action based on promissory estoppel at this stage of the proceedings against this demurring defendant. Demurrer to the seventeenth cause of action (expulsion of partner) CASE TITLE: YUNG VS. YUNG[IMAGED] CASE NUMBER: 37-2014-00027528-CU-OR-NC California Corporations Code § 16601. Events causing dissociation A partner is dissociated from a partnership upon the occurrence of any of the following events: (1) The partnership's having notice of the partner's express will to withdraw as a partner or on a later date specified by the partner. (2) An event agreed to in the partnership agreement as causing the partner's dissociation. (3) The partner's expulsion pursuant to the partnership agreement. (4) The partner's expulsion by the unanimous vote of the other partners if any of the following apply: (A) It is unlawful to carry on the partnership business with that partner. (B) There has been a transfer of all or substantially all of that partner's transferable interest in the partnership, other than a transfer for security purposes, or a court order charging the partner's interest, that has not been foreclosed. (C) Within 90 days after the partnership notifies a corporate partner that it will be expelled because it has filed a certificate of dissolution or the equivalent, its charter has been revoked, or its right to conduct business has been suspended by the jurisdiction of its incorporation, there is no revocation of the certificate of dissolution or no reinstatement of its charter or its right to conduct business. (D) A partnership, limited partnership, or limited liability company that is a partner has been dissolved and its business is being wound up. (5) On application by the partnership or another partner, the partner's expulsion by judicial determination because of any of the following: (A) The partner engaged in wrongful conduct that adversely and materially affected the partnership business. (B) The partner willfully or persistently committed a material breach of the partnership agreement or of a duty owed to the partnership or the other partners under Section 16404. (C) The partner engaged in conduct relating to the partnership business that makes it not reasonably practicable to carry on the business in partnership with the partner. (6) The partner's act or failure to act in any of the following instances: (A) By becoming a debtor in bankruptcy. (B) By executing an assignment for the benefit of creditors. (C) By seeking, consenting to, or acquiescing in the appointment of a trustee, receiver, or liquidator of that partner or of all or substantially all of that partner's property. (D) By failing, within 90 days after the appointment, to have vacated or stayed the appointment of a trustee, receiver, or liquidator of the partner or of all or substantially all of the partner's property obtained without the partner's consent or acquiescence, or failing within 90 days after the expiration of a stay to have the appointment vacated. (7) In the case of a partner who is an individual, by any of the following: (A) The partner's death. (B) The appointment of a guardian or general conservator for the partner. (C) A judicial determination that the partner has otherwise become incapable of performing the partner's duties under the partnership agreement. (8) In the case of a partner that is a trust or is acting as a partner by virtue of being a trustee of a trust, distribution of the trust's entire transferable interest in the partnership, but not merely by reason of the substitution of a successor trustee. (9) In the case of a partner that is an estate or is acting as a partner by virtue of being a personal representative of an estate, distribution of the estate's entire transferable interest in the partnership, but not merely by reason of the substitution of a successor personal representative. (10) Termination of a partner who is not an individual, partnership, corporation, trust, or estate. In the case at bar, Plaintiff's seventeenth cause of action for expulsion of partner states facts that are sufficient to constitute a cause of action under Code of Civil Procedure section 430.10 (e). At paragraphs 6 through 35, Plaintiff sets forth his factual allegations. At paragraph 153, Plaintiff incorporates by reference every paragraph into his fourteenth cause of action. At paragraphs 154 through 157, Plaintiff sets forth allegations which include all the required elements to constitute a claim and/or cause of action based on promissory estoppel at this stage of the proceedings against this demurring defendant. This is the tentative ruling for an appearance hearing at 1:30 p.m. on Friday, June 24, 2016. If no party CASE TITLE: YUNG VS. YUNG[IMAGED] CASE NUMBER: 37-2014-00027528-CU-OR-NC appears at the hearing, this tentative ruling will become the order of the court as of June 24, 2016. If all parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, the parties are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.
Hearing Date: June 24, 2016
County: San Diego County
Judicial Officer: Casserly
Word Count: 4,326

 

Case Number: 37-2015-00029735-CU-FR-NC
Hearing Date: June 24, 2016
County: San Diego County
Judicial Officer: Casserly
Word Count: 1,385

 

Case Number: 37-2015-00025908-CU-PO-NC
Hearing Date: June 24, 2016
County: San Diego County
Judicial Officer: Casserly
Word Count: 1,986

 

Case Number: 37-2015-00008379-CU-MM-NC
Hearing Date: June 10, 2016
County: San Diego County
Judicial Officer: Casserly
Word Count: 268