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19-CIV-01004 RESAT NURI OTUS VS. BAY CLUB COMPANIES, LLC, ET AL.

RESAT NURI OTUS BAY CLUB COMPANIES, LLC
PRO/PER

DEFENDANTS THE BAY CLUBS COMPANY, LLC, MATTHEW STEVENS; MARK KOORENNY, AND ERIN RUCKER OTO’S DEMURRER TO COMPLAINT TENTATIVE RULING:

Defendants’ demurrer to Plaintiff’s complaint is ruled upon as set forth below.

The Demurrer to the First Cause of Action for fraud is SUSTAINED WITH LEAVE TO AMEND. Plaintiff has failed to allege facts with sufficient particularity or detail to state a cause of action for fraud. Committee on Children’s Television, Inc. v. General Foods Corp. (1983) 35 C3d 197, 216; Philipson & Simon v. Gulsvig (2007) 154 CA4th 347, 363. Further, although Plaintiff has named multiple defendants in this suit, Plaintiff has not identified the party or parties to whom this cause of action is directed pursuant to CRC 2.112.

The Demurrer to the Second Cause of Action for negligent representation is SUSTAINED WITH LEAVE TO AMEND. Plaintiff has failed to allege facts with sufficient particularity or detail to state a cause of action for negligent misrepresentation. Daniels v. Select Portfolio Servicing, Inc. (2016) 246 CA4th 1150, 1166. Further, although Plaintiff has named multiple defendants in this suit, Plaintiff has not identified the party or parties to whom this cause of action is directed pursuant to CRC 2.112.

The Demurrer to the Third Cause of Action for breach of contract is SUSTAINED WITH LEAVE TO AMEND. Plaintiff has not attached any alleged contract, set forth the material terms or legal effect of the contract, or stated whether the contract was oral or written. Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 C4th 189, 198-199; Miles v. Deutsche Bank Nat’l Trust Co. (2015) 236 CA4th 394, 402. Further, although Plaintiff has named multiple defendants in this suit, Plaintiff has not identified the party or parties to whom this cause of action is directed pursuant to CRC 2.112.

The Demurrer to the Fourth Cause of Action for breach of the implied covenant of good faith and fair dealing is SUSTAINED WITH LEAVE TO AMEND. A plaintiff raising this claim must allege a reasonable relationship between the defendant’s allegedly wrongful conduct and the express terms or underlying purposes of the contract. Jenkins v. JPMorgan Chase Bank (2013) 216 C.A.4th 497, 527. Plaintiff has failed to allege a reasonable relationship or the terms of the contract. Further, although Plaintiff has named multiple defendants in this suit, Plaintiff has not identified the party or parties to whom this cause of action is directed pursuant to CRC 2.112.

The Demurrer to the Firth Cause of Action for unfair business practices is SUSTAINED WITH LEAVE TO AMEND. Plaintiff has not identified the conduct or actions that provide a basis for this cause of action. Further, although Plaintiff has named multiple defendants in this suit, Plaintiff has not identified the party or parties to whom this cause of action is directed pursuant to CRC 2.112.

The Demurrer to the Sixth Cause of Action for conspiracy is SUSTAINED WITH LEAVE TO AMEND. Plaintiff has failed to allege facts with sufficient particularity or detail to state a cause of action for conspiracy to commit fraud. Favila v. Katten Muchin Rosenman LLP (2010) 188 CA4th 189, 211. Further, although Plaintiff has named multiple defendants in this suit, Plaintiff has not identified the party or parties to whom this cause of action is directed pursuant to CRC 2.112.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendants shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.

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19-CIV-01004 RESAT NURI OTUS VS. BAY CLUB COMPANIES, LLC, ET AL.

RESAT NURI OTUS BAY CLUB COMPANIES, LLC
PRO/PER

DEFENDANTS THE BAY CLUB COMPANIES, LLC, MATTHEW STEVENS, MARK KOORENNY, AND ERIN RUCKER OTO WILL MOVE TO STRIKE PORTIONS OF THE COMPLAINT TENTATIVE RULING:

Defendants’ unopposed motion to strike portions of Plaintiff’s complaint is ruled upon as set forth below. The motion to strike all references to punitive/exemplary damages is GRANTED WITH LEAVE TO AMEND. Plaintiff has not identified grounds upon which punitive damages are recoverable. As noted in the court’s ruling on Defendants’ demurrer, Plaintiff’s claim for fraud is unsupported by specific factual allegations.

The motion to strike all claims for attorney’s fees is GRANTED WITH LEAVE TO AMEND. Attorney’s fees must be authorized by contract, statute, or law. Code Civ. Proc. §§ 1021; 1033.5(a)(10). Plaintiff’s complaint contains no allegations supporting the request for attorney’s fees. Further, at this time, Plaintiff represents himself, and thus cannot recover attorney’s fees for time spent in litigation.

The motion to strike all requests for reinstatement is GRANTED WITH LEAVE TO AMEND. Plaintiff has not pled facts sufficient to support the request for relief. Tamarind Lithography Workshop, Inc. v. Sanders (1983) 143 Cal.App.3d 571, 575. As a result, the request is an “immaterial allegation” pursuant to CCP § 431.10.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendants shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.