Turpin vs The Blue Sky Fund LLC

TENTATIVE RULING

Defendants' demurrer to plaintiffs' first amended complaint is OVERRULED. Preliminary Matters

Defendants' request for judicial notice of the complaint, first amended complaint and declaration in support of plaintiffs' motion for leave to file fifth amended complaint in the related case no. 15-17265 is granted. Evid. Code § 452(d). The Court takes judicial notice of the existence of the records, and not the truth of any statements that are reasonably disputable.

Discussion

Defendants demur to both causes of action on grounds they are time-barred and fail to state a cause of action.

Fraud (First Cause of Action)

Defendants claim plaintiffs knew or should have known of their claims on or before May 22, 2015, when plaintiffs' attorney filed the original complaint on behalf of other investors in the related case. They also claim the limitations period was not tolled by the discovery ru........