17-CIV-02699 ANDRE FAHRI, ET AL. VS. IRAJ ADINEH, ET AL.

ANDRE FAHRI IRAJ ADINEH
ELAINE R. LEE CHARLES S. BRONITSKY

DEFENDANT REZA ADINEH’S DEMURRER TO PLAINTIFFS’ THIRD AMENDED COMPLAINT TENTATIVE RULING:

The Demurrer to Third Amended Complaint by Defendant REZA ADINEH is SUSTAINED IN PART and OVERRULED IN PART, as follows:

SUSTAINED WITHOUT LEAVE TO AMEND as to the Third cause of action for intentional infliction of emotional distress. When Plaintiffs sought leave to file their Third Amended Complaint, they specifically represented to the Court that only the Sixth cause of action for aiding and abetting would be asserted against this Defendant. (See Plaintiffs’ Motion for Leave to Amend, and Proposed TAC filed in support thereof.)

While Defendant was added to the Third cause of action, there are no allegations as to this Defendant’s conduct that would support a claim for intentional infliction of emotional distress. Instead, all of the allegations are aimed at Defendant IRAJ ADINEH only. (See TAC ¶¶ 3133.)

When a complaint is successfully challenged by a general demurrer, the burden is on the plaintiff to demonstrate how the complaint might be amended to cure it of the defect. Association of Community Organizations for Reform Now v. Department of Industrial Relations (1995) 41 Cal.App.4th 298, 302. By failing to file an Opposition, Plaintiffs have not met this burden. Accordingly, the demurrer to this cause of action is sustained without leave to amend.

OVERRULED as to the Sixth cause of action for aiding and abetting. This Court previously found that this cause of action, and in particular the knowledge element, appeared sufficiently plead. (See Order on Plaintiffs’ Motion for Leave to Amend, dated August 8, 2018.) The demurrer to this cause of action is overruled.

Demurring party shall file his answer to the Third Amended Complaint, as constituted after the Court’s ruling, no later than December 21, 2018.

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.