TENTATIVE RULING
Background.
The Complaint.
On December 10, 2019, David Radmacher (Plaintiff) filed a lawsuit against Joann Salinas (Defendant) alleging causes of action for (1) breach of contract, (2) breach of fiduciary duty, (3) constructive fraud, (4) money loaned, (5) unjust enrichment, and (6) conversion.
In his complaint, Plaintiff alleges that he is engaged in the business of marketing and selling automobile insurance policies to customers throughout California “using a network of affiliated producers working in dealerships.” (Compl., ¶ 6.) Plaintiff alleges that Defendant was employed as Plaintiff’s office manager for two years. (Compl., ¶ 7.) Plaintiff alleges that beginning in June 2018, he and Defendant “discussed, planned and developed an enterprise in which Defendant would form her own insurance agency to handle the customer leads generated by Plaintiff’s marketing efforts.” (Ibid.) Plaintiff alleges that in November 2018, the parties became coventurers and signed an agre
Hearing Date
July 02, 2020
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TENTATIVE RULING
Background.
The Complaint.
On December 10, 2019, David Radmacher (Plaintiff) filed a lawsuit against Joann Salinas (Defendant) alleging causes of action for (1) breach of contract, (2) breach of fiduciary duty, (3) constructive fraud, (4) money loaned, (5) unjust enrichment, and (6) conversion.
In his complaint, Plaintiff alleges that he is engaged in the business of marketing and selling automobile insurance policies to customers throughout California “using a network of affiliated producers working in dealerships.” (Compl., ¶ 6.) Plaintiff alleges that Defendant was employed as Plaintiff’s office manager for two years. (Compl., ¶ 7.) Plaintiff alleges that beginning in June 2018, he and Defendant “discussed, planned and developed an enterprise in which Defendant would form her own insurance agency to handle the customer leads generated by Plaintiff’s marketing efforts.” (Ibid.) Plaintiff alleges that in November 2018, the parties became coventurers and signed an agre