Superior Court of California County of Los Angeles Southwest District Torrance Dept. B

HYUN SANG KIM, Plaintiff, Case No.: YC073101

vs. [Tentative] RULING

EAPS SUPPLY, INC., et al., Defendants.

Hearing Date: March 12, 2019

Moving Parties: Defendants Eaps Supply, Inc. and Sungyup Ihm

Responding Party: Plaintiff Hyun Sang Kim

Demurrer

The court considered the moving, opposition, and reply papers.

RULING

The demurrer is OVERRULED as to the 1st, 2nd, 3rd, and 7th causes of action. The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 4th, 5th, and 6th causes of action.

BACKGROUND

On August 22, 2018, plaintiff Hyun Sang Kim filed a complaint against EAPS Supply, Inc. and Sungyup Ihm for (1) breach of contract, (2) open book account, (3) account stated, (4) promise without intent to perform, (5) intentional misrepresentation, (6) negligent misrepresentation, and (7) conversion.

LEGAL AUTHORITY

When considering demurrers, courts read the allegations liberally and in co