Case Name: Kamell v. Guindy, et al.

Case No.: BC667804

Matter: Chase’s Demurrer to the FAC

Tentative Ruling: Demurrer is sustained.

Plaintiff Rafik Kamell filed this action against Defendants Hany Boushra Mourice Guindy, Milestone Consulting Inc. and JP Morgan Chase Bank (Chase). The operative FAC alleges causes of action for (1) common counts, (2) breach of fiduciary duty, (3) conversion, (4) fraud, (5) constructive trust, (6) negligence, and (7) unjust enrichment and restitution. Chase demurs to the FAC.

No Duty –

Chase demurs to all COAs on the ground that it owed no legal duty to Plaintiff. This has merit.

In the original complaint, Plaintiff alleged that Defendants Guindy and Milestone converted Plaintiff’s funds in a fraudulent bitcoin transaction. The funds had been wired with Plaintiff’s approval to a Chase account held by Guindy and Milestone. Although Chase wa........