Jiang v. Xu, et al.
MOTION FOR RECONSIDERATION
(CCP § 1008)
TENTATIVE RULING:
Plaintiff Yvonne Jiang’s Motion for Reconsideration of Order Granting Dismissal of Xu and of Judgment for Helen Xu is DENIED.
ANALYSIS:
Plaintiff Yvonne Jiang (“Plaintiff”) filed a Complaint for (1) breach of contract, (2) fraud, and (3) fraud against Defendants Helen Xu (“Xu” or “Defendant Xu”), Wenmei Yu and David Gao (collectively, “Defendants”) on April 28, 2017. The first cause of action for breach of contract was alleged against Defendant Xu. The second cause of action for fraud was alleged against Defendant Yu. The third cause of action for fraud was alleged against Defendant Gao.
Defendant Xu’s demurrer to the first cause of action of the Complaint came for hearing on August 3, 2017, at which time the Court sustained it without leave to amend. That order was reaffirmed on November 5, 2018. On July 11, 2019, the Court granted Defendant Xu’s motion for attorney’s fees.
On June 20, 2019, Plaintif
Hearing Date
February 13, 2020
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Jiang v. Xu, et al.
MOTION FOR RECONSIDERATION
(CCP § 1008)
TENTATIVE RULING:
Plaintiff Yvonne Jiang’s Motion for Reconsideration of Order Granting Dismissal of Xu and of Judgment for Helen Xu is DENIED.
ANALYSIS:
Plaintiff Yvonne Jiang (“Plaintiff”) filed a Complaint for (1) breach of contract, (2) fraud, and (3) fraud against Defendants Helen Xu (“Xu” or “Defendant Xu”), Wenmei Yu and David Gao (collectively, “Defendants”) on April 28, 2017. The first cause of action for breach of contract was alleged against Defendant Xu. The second cause of action for fraud was alleged against Defendant Yu. The third cause of action for fraud was alleged against Defendant Gao.
Defendant Xu’s demurrer to the first cause of action of the Complaint came for hearing on August 3, 2017, at which time the Court sustained it without leave to amend. That order was reaffirmed on November 5, 2018. On July 11, 2019, the Court granted Defendant Xu’s motion for attorney’s fees.
On June 20, 2019, Plaintif