Gomez v Pla-ART International Inc

Case No.: 37-2016-00002320-CU-BC-CTL    

TENTATIVE RULING: (1) Defendant Miguel Chavez's Demurrer to Plaintiffs' Second Amended Complaint is SUSTAINED, in part.

The SAC does not state that Chavez innocently cashed checks from a GR Inland account that he was supposed to, in an exercise in futility, re-deposit. The SAC alleges Chavez personally used checks meant for GR Inland.

The 9th Cause of Action for Conspiracy

The elements of conspiracy are: (1) defendants' agreement to the objective and course of action to injure; (2) wrongful act pursuant to such agreement; and (3) resulting damage. (Berg & Berg Ent., LLC v. Sherwood Partners, Inc. (2005) 131 Cal. App. 4th 802, 823.) Plaintiffs have alleged Chavez agreed with Edward and SDCS to wrongfully transfer the equipment, employees, vendors, clients, good will and assets of Plaintiffs to SDCS and San Diego Logistics, Inc. (SAC, ¶ 197.) This was allegedly accomplished by making a number of false allegations including that the debt of ........