DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY,
MOTION FOR SUMMARY ADJUDICATION
[CCP §437c]
Date: 8/21/20 (2:00 PM)
Case: Venera Mysel v. Alex Carnevali et al. (18GDCV00090)
TENTATIVE RULING:
Defendant Alex Carnevali’s Motion for Summary Judgment, or in the Alternative, Summary Adjudication is GRANTED IN PART and DENIED IN PART.
I. EVIDENTIARY OBJECTIONS
Plaintiff’s evidentiary objections are OVERRULED.
II. SECOND CAUSE OF ACTION: BREACH OF FIDUCIARY DUTY (Issue Nos. 1-4)
“The elements of a cause of action for breach of fiduciary duty are: (1) the existence of a fiduciary duty; (2) breach of the fiduciary duty; and (3) damage proximately caused by the breach.” (Jameson v. Desta (2013) 215 Cal.App.4th 1144, 1164.)
With respect to Issue No. 1, defendant Alex Carnevali contends plaintiff Venera Mysel has not demonstrated he owed her a fiduciary duty. Defendant argues the formation of CMC Partnership did not automatically render him a fiduciary to plaintiff because pl
Hearing Date
August 21, 2020
Type
Other Contract Dispute (not breach/insurance/fraud/negligence) (General Jurisdiction)
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DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY,
MOTION FOR SUMMARY ADJUDICATION
[CCP §437c]
Date: 8/21/20 (2:00 PM)
Case: Venera Mysel v. Alex Carnevali et al. (18GDCV00090)
TENTATIVE RULING:
Defendant Alex Carnevali’s Motion for Summary Judgment, or in the Alternative, Summary Adjudication is GRANTED IN PART and DENIED IN PART.
I. EVIDENTIARY OBJECTIONS
Plaintiff’s evidentiary objections are OVERRULED.
II. SECOND CAUSE OF ACTION: BREACH OF FIDUCIARY DUTY (Issue Nos. 1-4)
“The elements of a cause of action for breach of fiduciary duty are: (1) the existence of a fiduciary duty; (2) breach of the fiduciary duty; and (3) damage proximately caused by the breach.” (Jameson v. Desta (2013) 215 Cal.App.4th 1144, 1164.)
With respect to Issue No. 1, defendant Alex Carnevali contends plaintiff Venera Mysel has not demonstrated he owed her a fiduciary duty. Defendant argues the formation of CMC Partnership did not automatically render him a fiduciary to plaintiff because pl