SAM SEGAL and BELLA SEGAL Plaintiffs, v. BIDDING UNLIMITED, INC., et. al. Defendants.

Case No.: BC704544

Hearing Date: February 28, 2020

[TENTATIVE] order RE:

Motion for Summary judgment or, in the alternative, summary adjudication

BACKGROUND

A. Complaint

Plaintiffs Sam Segal and Bella Segal commenced this action against Defendants Bidding Unlimited, Inc. (“BUI”), David Zinberg (“Zinberg”), Gary Itkin (“Itkin”), and Daniella S. Krashenny (“Krashenny”) (collectively, “Defendants”) on May 1, 2018. The operative pleading is the Second Amended Complaint (“SAC”) filed on January 31, 2019. The SAC asserts causes of action for (1) breach of contract against Defendants, (2) breach of contract re: guaranty against Zinberg and Itkin, (3) fraud against Defendants, (4) common count against Defendants, (5) breach of contract against BUI, Zinberg, and Itkin, (6) fraud against BUI, Zinberg, and Itkin, and (7) common count against Defendants. The SAC alleges in pertinent part as follows

On Aug