VONGPAYAK v. THAWATPEERACHAI

CASE NO.: 19NWCV00243

HEARING: 03/05/2020

JUDGE: OLIVIA ROSALES

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TENTATIVE RULING

Plaintiffs/Cross-Defendants’ VUTIPON VONGPAYAK and NUTDAPORN VONGPAYAK’s Demurrer to Defendants/Cross-Complainants SUPATT THAWATPEERACHAI and METHA KUSUMPAPAN’s First Amended Cross-Complaint is OVERRULED. CCP §430.10(e).

Opposing Party to give Notice.

The subject FAXC was filed by Cross-Complainants on August 14, 2019. The FAXC asserts the following causes of action: (1) Breach of Contract—Oral Agreement; (2) Fraud—False Promise; (3) Open Book Account; and (5) Unfair Business Practice.

Plaintiffs/Cross-Defendants’ VUTIPON VONGPAYAK and NUTDAPORN VONGPAYAK (collectively “Cross-Defendants”) demur to the fifth cause of action for unfair business practices pursuant to CCP §430.10(e).

Fifth Cause of Action – Unfair Business Practice

To state a claim under Bus. & Prof. Code §17200, Cross-Complainants must allege whether the conduct complained of is a fraudulent, unlawfu