Superior Court of California
County of Los Angeles
DEPARTMENT 17
TENTATIVE RULING
JACOB REICH vs. MANSOUR HASHEM
Case No.: 19STCV20062
Hearing Date: June 30, 2020
On June 7, 2019, Plaintiff Jacob Reich filed a Complaint against Defendant Mansour Hashem. Plaintiff’s first amended complaint (FAC) sets forth claims for: (1) breach of contract; (2) money had and received; (3) common counts; (4) open book account; (5) account stated; (6) failure to honor checks; (7) fraud; (8) negligence; (9) unjust enrichment; and (10) judicial foreclosure.
On September 9, 2019, Defendant filed a XC against Plaintiff, setting forth claims for (1) fraud, (2) breach of fiduciary duty, and (3) declaratory relief.
Plaintiff now moves for leave to file a second amended complaint (2AC).
Legal Standard
Code of Civil Procedure section 473, subdivision (a)(1) provides that “[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by
Hearing Date
June 30, 2020
Type
Contractual Fraud (General Jurisdiction)
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Superior Court of California
County of Los Angeles
DEPARTMENT 17
TENTATIVE RULING
JACOB REICH vs. MANSOUR HASHEM
Case No.: 19STCV20062
Hearing Date: June 30, 2020
On June 7, 2019, Plaintiff Jacob Reich filed a Complaint against Defendant Mansour Hashem. Plaintiff’s first amended complaint (FAC) sets forth claims for: (1) breach of contract; (2) money had and received; (3) common counts; (4) open book account; (5) account stated; (6) failure to honor checks; (7) fraud; (8) negligence; (9) unjust enrichment; and (10) judicial foreclosure.
On September 9, 2019, Defendant filed a XC against Plaintiff, setting forth claims for (1) fraud, (2) breach of fiduciary duty, and (3) declaratory relief.
Plaintiff now moves for leave to file a second amended complaint (2AC).
Legal Standard
Code of Civil Procedure section 473, subdivision (a)(1) provides that “[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by