SUBJECT: Demurrer to FAC
Moving Party: Defendants Rochelle Adler, Jeffrey Fishman, Brett Maugeri and Perilli & Stober Ltd.
Resp. Party: Plaintiff Matthew Davidson
The demurrer to the FAC is OVERRULED.
BACKGROUND:
Plaintiff Matthew Davidson commenced this action on April 5, 2019. On June 28, 2019, Plaintiff filed the operative first amended complaint (“FAC”) against Defendants Rochelle Adler, Jeffrey Fishman, Brett Magueri, Nicholas William Perilli, Newco, and Perilli & Stober Ltd. for (1) theft by false pretense; (2) restitution; (3) common count; (4) constructive fraud; (5) fraud – false promise; (6) fraud – intentional misrepresentation; (7) breach of fiduciary duty; (8) violation of Corp. Code §§ 25401 and 25501; (9) violation of Corp. Code § 25504; (10) violation of Corp. Code § 17704.41; (11) unpaid wages; (12) unfair business practices; and (13) declaratory relief.
Plaintiff alleges that he is an experienced graphic designer who was looking to break into the CBD industry an
Hearing Date
October 07, 2019
Type
Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) (General Jurisdiction)
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SUBJECT: Demurrer to FAC
Moving Party: Defendants Rochelle Adler, Jeffrey Fishman, Brett Maugeri and Perilli & Stober Ltd.
Resp. Party: Plaintiff Matthew Davidson
The demurrer to the FAC is OVERRULED.
BACKGROUND:
Plaintiff Matthew Davidson commenced this action on April 5, 2019. On June 28, 2019, Plaintiff filed the operative first amended complaint (“FAC”) against Defendants Rochelle Adler, Jeffrey Fishman, Brett Magueri, Nicholas William Perilli, Newco, and Perilli & Stober Ltd. for (1) theft by false pretense; (2) restitution; (3) common count; (4) constructive fraud; (5) fraud – false promise; (6) fraud – intentional misrepresentation; (7) breach of fiduciary duty; (8) violation of Corp. Code §§ 25401 and 25501; (9) violation of Corp. Code § 25504; (10) violation of Corp. Code § 17704.41; (11) unpaid wages; (12) unfair business practices; and (13) declaratory relief.
Plaintiff alleges that he is an experienced graphic designer who was looking to break into the CBD industry an