CINAMOM’S GOODIES, INC.; Plaintiff, vs. E&z FOOD SERVICES, INC., et al. Defendants.

Case No.: 19STCV45422

Hearing Date: September 29, 2020

[TENTATIVE] RULING RE:

CROSS-DEFENDANTs ALI CHAHINE AND CINAMOM’S GOODIES, INC.’S DEMURRER TO the CROSS-COMPLAINT

Cross-Defendants Ali Chahine and Cinamom’s Goodies, Inc.’s Demurrer to the Third Cause of Action in the Cross-Complaint is SUSTAINED with leave to amend.

Factual Background

This is an action for breach of contract and fraud. The Complaint alleges as follows. In August 2019, Plaintiff Cinamom’s Goodies, Inc. (“Cinamom”) entered into an agreement with Defendants E&Z Food Services, Inc. (“EZ Food”) to lease commercial equipment and space for a term of 5 years beginning on November 1, 2019. (Compl. ¶¶ 14-15.) On October 31, 2019, Cinamom sent to EZ Food a list of repairs to the premises that EZ Food would need to make before Cinamom could take possession. (Compl. ¶ 16.) On November 19, 2019, Cinamom hired a licensed contractor to eval