West Palms Industry, Inc v. WSI Vanlines, Inc., et al.
DEMURRER
(CCP §§ 430.31, et seq.)
TENTATIVE RULING:
Plaintiff West Palm Industry, Inc.’s Demurrer to the 5th cause of action for fraud and deceit is SUSTAINED WITH 20 DAYS’ LEAVE TO AMEND.
Plaintiff West Palm Industry, Inc.’s Motion to Strike the request for punitive damages in the First Amended Complaint is DEEMED MOOT.
ANALYSIS:
On May 16, 2018, Plaintiff West Palms Industry, Inc. (“Plaintiff”) filed the instant action for breach of oral contract, common counts and fraud against WSI Vanlines, Inc. dba Hyundae Global Express (“WSI”); Woori Shipping, Inc. dba Hyundae Global Express (“Woori”); Youngmin Kim (“Kim”); and Jin Kyu Lim aka Jay Lim (“Lim”). On February 24, 2020, Plaintiff filed the First Amended Complaint (“FAC”) for (1) breach of oral contract; (2) money due on an open book account; (3) money due on an account stated; (4) goods sold and received; and (5) fraud and deceit. On March 25, 2020, Defendant filed the ins
Hearing Date
August 12, 2020
Type
Contractual Fraud (Limited Jurisdiction)
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West Palms Industry, Inc v. WSI Vanlines, Inc., et al.
DEMURRER
(CCP §§ 430.31, et seq.)
TENTATIVE RULING:
Plaintiff West Palm Industry, Inc.’s Demurrer to the 5th cause of action for fraud and deceit is SUSTAINED WITH 20 DAYS’ LEAVE TO AMEND.
Plaintiff West Palm Industry, Inc.’s Motion to Strike the request for punitive damages in the First Amended Complaint is DEEMED MOOT.
ANALYSIS:
On May 16, 2018, Plaintiff West Palms Industry, Inc. (“Plaintiff”) filed the instant action for breach of oral contract, common counts and fraud against WSI Vanlines, Inc. dba Hyundae Global Express (“WSI”); Woori Shipping, Inc. dba Hyundae Global Express (“Woori”); Youngmin Kim (“Kim”); and Jin Kyu Lim aka Jay Lim (“Lim”). On February 24, 2020, Plaintiff filed the First Amended Complaint (“FAC”) for (1) breach of oral contract; (2) money due on an open book account; (3) money due on an account stated; (4) goods sold and received; and (5) fraud and deceit. On March 25, 2020, Defendant filed the ins