Motion,Ex Parte: DR JERROLD S DREYER MD ET AL VS JM CAPITAL INVESTMENTS LLC E

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                   Dreyer, et. al,                                       Case No.: BC714688
                                                                                                               @6132?”          ’DePUt5' If
                                     Plaintiff(s),                       Hearing Date: 12/6/18
                           v.                 .                         [TEN:1:n-.:rI-VE1 RULING RE:
                   JM Capital Investments LLC, et al,                    Demurrer and Motion to Strike to the

                                     Defendant(s).                        Complaint




                   Defendant Kathy Macias’s demurrer to the Complaint by is OVERRULED as to the second,
                   fourth, and sixth causes of action, and SUSTAINED with leave to amend as to the remainder.
                   Defendant Kathy Macias’s motion to strike is GRANTED without leave to amend as to
                   attorneys’ fees, but otherwise moot per the ruling on demurrer. my 99"} Law) 6

        ,          On July 17, 2018, Plaintiffs Dr. Jerrold S. Dreyer (“Jerrold”), MD, Rachel Chaim Dreyer
                   (“Rachel”), and Jerrold S. Dreyer, MD, as trustee of the Jerrold S. Dreyer MD Inc. Pension Fund
                   and Prot Sharing Plan (the “Pension Plan”) (collectively “Plaintiffs”) led a complaint against
                   Defendants JM Capital Investments, LLC (“JMCI”), Kathy Macias (“Macias” or “Defendant”),
    ;              Plaineld Pass Media, LLC (“Plaineld”), Marble Arch Entertainment, LLC (“Marble”), J.
                   David Williams (“Williams”), and Miguel Lluis (“Lluis”) (collectively, “Defendants”). The
                   Complaint alleges seven causes of action for 1) breach of duciary duty; 2) breach of contract; 3)
                   breach of contract; 4) money had and received; 5) fraud and deceit; 6) constructive trust; and 7)
                   accounting.

                   Plaintiffs’ complaint arises from a series of loan agreements related to the funding of several
                   motion picture projects. Plaintiffs allege that Lluis was trustee of the Pension Plan, and suggested
                   that Plaintiff consult a nancial advisor. Lluis introduced Plaintiffs to Macias, who owns JMCI,
                   and is associated with Walliams, Plaineld, and Marble. Lluis and Macias did not tell Plaintiffs
                   that they were engaged in an extra-marital affair, and Lluis represented that they were no longer
                   in a relationship. Plaintiffs allege that Macias and Lluis conspired to convince Plaintiffs to a)
            33,;   place their trust in Macias as a nancial advisor, and b) place their money in projects that they
                   knew were risky or fraudulent in nature. Plaintiffs allege Walliams has pled guilty to one or more
            '51“   federal crimes associated with motion picture related investments. More specically, Plaintiffs
                   allege that plaintiffs provided loan and other movies in connection with two lms (“Plymouth”
                   and “Mena”). Lluis received allegedly commissions or “kickbacks” from Macias in connection
}                  with these activities.