Motion to Compel Arbitration and Request to Stay Action
controlling that the separate personalities of the [two entities] no longer exist”; and (2) facts showing that “treating the acts as those of the corporation alone will sanction a fraud, promote injustice, or cause an inequitable result.” Misik v. D’Arco (2011) 197 Cal.App.4th 1065, 1071-72 (citation and quotations omitted). The Court finds that here, Emshire has done so. See Cross-Complaint at Paragraphs 3, 4, 11, 120, 122. The Demurrer is overruled on that basis. Based upon this ruling, the Court also finds that Causes of Action Five through Twelve have been sufficiently pled and the Demurrer to those causes of action are likewise overruled.
Finally, as to the fraud cause of action, “[t]he elements of fraud are (1) a misrepresentation of a material fact (false representation, concealment, or nondisclosure); (2) knowledge of falsity; (3) intent to defraud; (4) justifiable reliance; and (5) resulting damage.” Collins v. eMachines (2011) 202 Cal.App.4th 249, 259. “The facts constituting the fraud, including every element of the cause of action, must be alleged ‘factually and specifically’” to survive demurrer. Apollo Capital Fund, LLC v. Roth Capital Partners, LLC (2007) 158 Cal.App.4th 226, 240 [citing Committee on Children’s Television, Inc. v. General Foods Corp. (1983) 35 Cal.3d 197, 216-17]. Here, the Court finds that fraud has been sufficiently pled. See Cross-Complaint at ¶¶3, 4, 11, 13-15, 19- 21, 31, 59-63, and the Demurrer is overruled on this basis.
Cross-Defendant Ceres Environmental Services, Inc. and David Anders Mcintyre’s Demurrer to Cross-Complainant Emshire LLC’s Cross-Complaint is overruled in its entirety. Counsel for Emshire shall submit a form of order consistent with this ruling within two weeks and Ceres Environmental Services, Inc. and David Anders Mcintyre shall file their Answers to the Cross-Complaint within 20 days’ notice of this order. Additionally, the Court continues the Case Management Conference on August 26, 2026 to November 4, 2026 at 10:30 a.m. Case Management Conference Statements are to be timely filed and served.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
9. 25CV05132 KATHLEEN FRANCES O’LEARY, BY AND THROUGH HER SUCCESSOR- IN-INTEREST, REBEKAH EASTER ET AL V. MURRAY, JASON ET AL EVENT: Motion to Compel Arbitration and Request to Stay Action
Plaintiffs’ Evidentiary Objections to the Declaration of Alaina T. Dickens are overruled. However, the Court does note that the quoted portions to which Plaintiffs object are not being accepted by the Court as fact in relation to the disputed factual and legal issues of execution and contract formation.
Defendants Evidentiary Objections to the Declaration of Kathryn Locatell, M.D. are overruled. The evidence submitted supports a finding that Ms. O’Leary lacked capacity to understand and appreciate the Arbitration Agreement at the time it was signed [See Declaration of Kathryn Locatell, MD at ¶¶6, 8-12, 14-28, 29- 34]. Thus, the Court finds that Defendants have failed to satisfy their burden of establishing the existence of a valid Arbitration Agreement. The Court thus concludes that there is no valid and enforceable agreement to arbitrate and the Motion is denied.
4|Page