[TENTATIVE] RULING:

The court OVERRULES the demurrer in its entirety, for Defendants’ failure to meet their initial burden to demonstrate that the third, fourth, fifth, eighth, and thirteenth causes of action are defective on the face of the pleading. Plaintiff to give notice.

Background

This case arises in connection with Plaintiff Andrew Cacciatore’s (“Cacciatore” or “Plaintiff”) employment with defendant Happy Gifts, Inc. (“Happy Gifts” or “HGI”). Happy Gifts is an online retailer doing business as Earfleek.com. Compl. ¶ 12. Happy Gifts was allegedly founded by defendants Sean Rimokh and Avi Zolty (“Zolty”), and its officers and directors allegedly included Sean Rimokh, Zolty, Jack Rimokh, Joe Combs (“Combs”), and the Rimokh Family Trust (the “Trust”). Id. at ¶ 13. Defendants Sean Rimokh, Zolty, Joe Combs, Jack Rimokh, and the Trust will collectively be referred to as the “Individual Defendants.”

Plaintiff allegedly served as Happy Gifts’ Chief Financial Officer (“CFO”), but he