18-UDU-00136 KATHERINE WONG, et al. vs. SCHEHEREZADE SHARABIANLOU, et al.

KATHERINE WONG MICHAEL J. KALLIS

SCHEHEREZADE SHARABIANLOU WILLIAM E. GILG

DEMURRER

TENTATIVE RULING:

The Demurrer of Defendants Scheherezade Sharabianlou (“Sharabianlou”) and Pip Printing (collectively “Defendants”) to the Complaint of Plaintiffs Katherine Wong and Anna Kuk Sau Hsu (“Plaintiffs”) is SUSTAINED WITH LEAVE TO AMEND based on misjoinder of parties.

Plaintiffs contend that Sharabianlou is properly named as a defendant under Code of Civil Procedure section 379 because Sharabianlou owned and operated Pip Printing, and Pip Printing is a business entity whose form is unknown. Plaintiffs claim they are therefore in doubt as to the person or persons from whom they are entitled to redress. However, Plaintiffs fail to allege any facts to support that Sharabianlou is properly joined as a defendant. (See Complaint, ¶¶ 6.a, 6.c.) Plaintiffs have not alleged that Sharabianlou is named as the owner or operator of Pip Printing because Pip Printing is a business entity whose form is unknown. Plaintiff also has not alleged that Sharabianlou is liable for doing business as Pip Printing. (See Pinkerton’s, Inc. v. Sup. Ct. (1996) 49 Cal.App.4th 1342, 1348.) Thus, Plaintiffs are given leave to amend to allege facts to support that Sharabianlou is properly joined as a defendant.

Plaintiffs are to file and serve a First Amended Complaint by April 11, 2018.