HEARING ON DEMURRER TO COMPLAINT

FILED BY MICHAEL MARTIN, JUDITH MARTIN

* TENTATIVE RULING: *

Introduction

For the following reasons, the demurrer is sustained as to the fifth and tenth causes of action for false promise and concealment, respectively, with leave to amend. The demurrer is otherwise overruled at to the second, fourth, ninth, and eleventh causes of action. Any amended complaint shall be filed and served by October 14, 2020. Background

In or about 2018, plaintiff Edwin Tiu and defendant Michael Martin formed the member- managed limited liability company, Fire Wings Concord (hereinafter, "Fire Wings" or “LLC”), for the purpose of owning and operating a restaurant. (Complaint, ¶6.) Plaintiff and Martin each own a fifty percent interest in Fire Wings and maintain the same percentages of economic interests. (Ibid.)

Plaintiff alleges that, shortly after opening for business around the end of 2019, he learned of activities by defendants that breached the operating agreemen