# 3. German Munoz, et al. v. Truman Weatherly, et al.

Case No.: TC028783

Matter on calendar for: demurrer to the SAC

Tentative ruling:

I. Background

Plaintiffs allege their business name, identity and goodwill were appropriated by defendants. Plaintiffs are German Munoz, Connie Lopez, and Therapeutic Health Collective (“THC”). Defendants are Truman Weatherly, David Welch, Michael Blazevich, Anna Blazevich, Peter Cortez, Ashley Mumford, and Scott Linden.

The Second Amended Complaint (“SAC”) alleges the following causes of action:

(1) Conversion;

(2) Fraud — intentional misrepresentation;

(3) Intentional interference with prospective economic relations;

(4) Unjust enrichment — constructive trust;

(5) Declaratory relief;

(6) Preliminary injunction; and

(7) Damages.

Defendants David Welch, Michael Blazevich, and Anna Blazevich demur and move to strike the SAC. Plaintiffs oppose.

For the reasons set forth below, the Court sustains the demurrer with leave to amend. The motion