CAPITAL CARE, LLC, et al., Plaintiffs, v. DIRECT SOURCE MANAGEMENT, INC., et al., Defendants.

DIRECT SOURCE MANAGEMENT, INC., et al.,

Cross-Complainants, v. Capital care, llc, et al.

Cross-Defendants.

Case No.: 19STCV11595

Hearing Date: March 13, 2020

[TENTATIVE] order RE:

Capital care’s Demurrer TO THE First amended cross-complaint

Capital Care, LLC (Capital Care) and Stillington Limited (collectively “Plaintiffs”) sue Direct Source Management, Inc. dba Chateau Belle (DSM); Eileen Chan (Chan); Michael Winchester (Winchester) (collectively “Defendants/Cross-Complainants” or “Cross-Complainants”), and Does 1 through 20 for damages arising from investments Plaintiffs made in congregate living facilities pursuant to allegedly fraudulent misrepresentations by Defendants.

On April 3, 2019, Plaintiffs filed this action against Defendants/Cross-Complainants asserting causes of action for: (1) breach of contract; (2) breach of fiduciary duty – duty of care; (3) breach of fiduciary dut