1) Demurrer to Complaint
2) Motion to Strike
The Court sustains the Demurrer by Defendants Vk909, Inc., Esther Shin, Gae Sang Hoon, Q858, Inc., and Jeonki Min to the second, third, and fourth causes of action in the Complaint of Plaintiffs David Oh and Lucy Lee with 10 days leave to amend. The Motion to Strike punitive damages as to these defendants is moot.
As to Defendant James Shin, the Court sustains the Demurrer to the first cause of action only with 15 days leave to amend. The Motion to Strike punitive damages is denied.
1. Breach of Contract Against Shin
Although Plaintiffs allege they fully performed the contract, Plaintiffs also allege that they invested $250k when the contract itself – attached to the Complaint – appears to have called for an investment of $300k. (Compl., ¶¶ 11, 14.) The contract attached to the Complaint, although not in English, references an amount of $300k. The Court sustains the Demurrer to this cause of action for Plaintiffs to (1) allege facts establis
Hearing Date
January 22, 2018
For full print and download access, please subscribe at https://www.trellis.law/.
1) Demurrer to Complaint
2) Motion to Strike
The Court sustains the Demurrer by Defendants Vk909, Inc., Esther Shin, Gae Sang Hoon, Q858, Inc., and Jeonki Min to the second, third, and fourth causes of action in the Complaint of Plaintiffs David Oh and Lucy Lee with 10 days leave to amend. The Motion to Strike punitive damages as to these defendants is moot.
As to Defendant James Shin, the Court sustains the Demurrer to the first cause of action only with 15 days leave to amend. The Motion to Strike punitive damages is denied.
1. Breach of Contract Against Shin
Although Plaintiffs allege they fully performed the contract, Plaintiffs also allege that they invested $250k when the contract itself – attached to the Complaint – appears to have called for an investment of $300k. (Compl., ¶¶ 11, 14.) The contract attached to the Complaint, although not in English, references an amount of $300k. The Court sustains the Demurrer to this cause of action for Plaintiffs to (1) allege facts establis