Tradition LLC vs. Mark Borison

Case No.: 56-2015-00475234-CU-BC-VTA    

Demurrer

1st c/a (conversion): SUSTAIN with leave to amend. Borison does not allege facts showing how cross-defendants wrongfully exercised dominion over his membership interest in the LLC. Generally, a cause of action for conversion is directed at the taking of some tangible property. However, "there can be a conversion of intangible rights represented by special instruments such as a bank checkbook, insurance policy, or stock certificate." (Welco Electronics, Inc. v. Mora (2014) 223 Cal.App.4th 202, 212.) The allegations fail to make clear whether the thing taken was the intangible interest or some tangible thing.

2nd c/a (violation of Lab.Code § 2802): SUSTAIN with leave to amend. Borison does not allege facts showing he was Tradition's employee.

3rd c/a (violation of Penal Code § 484): Withdrawn by cross-complainant.

4th c/a (violation of Bus.&Prof.Code § 17200): OVERRULE. Borison was not required to allege facts with pa........