JACK AZATIAN vs. GLOBAL INVESTMENT ENTERPRISE RIDGECREST, LLC, et al.

by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org. If a party submits on the tentative, the party's email must include the case number and must identify the party submitting on the tentative. If all parties to a motion submit, the court will adopt this tentative as the final order. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. For more information, please contact the court clerk at (213) 633-0517.

County of Los Angeles DEPARTMENT 309

JACK AZATIAN vs. GLOBAL INVESTMENT ENTERPRISE RIDGECREST, LLC, et al. | Case No.: 26STCV10160 Hearing Date: August 25, 2026 | Defendants' demurrer is SUSTAINED, WITH 20 DAYS LEAVE TO AMEND. On 3/30/2026, Plaintiff Jack Azatian (Plaintiff) filed suit against Global Investment Enterprise Ridgecrest, LLC (Ridgecrest) and Global Land Investment Company, LLC, alleging: (1) failure to provide accounting; (2) failure to comply with demand for inspection of books; and (3) constructive trust. On 5/5/2026, Defendant Global Land Investment Company, LLC (Defendant or GLIC) demurred to Plaintiff's Complaint.

Discussion

Defendant argues that Plaintiff's claims are each insufficiently pled. As to the first and second causes of action, Defendant argues that Plaintiff has not alleged he is a member or shareholder of GLIC and thus has not alleged facts which could show he is entitled to compel Defendant to produce an accounting (1st COA) or books and records (2 nd COA). Indeed, while Plaintiff alleges he is a member of Ridgecrest, he does not allege he was a member of GLIC. Moreover, Corporations Code section 1601 applies to corporations, not limited liability companies. Both GLIC and Ridgecrest are limited liability companies, and Plaintiff alleges them to be so in the Complaint. (Complaint, 2-3.) That Corporations Code section, therefore, does not apply to GLIC or Ridgecrest, and it cannot serve as the basis of these causes of action.

As for the third cause of action, Defendant argues that this claim fails because it is not a recognized cause of action in California. Indeed, a quasi-contract action for unjust enrichment does not lie where the parties' rights are defined by an express agreement. (California Medical Assn., Inc. v. Aetna U.S. Healthcare of California, Inc. (2001) 94 Cal.App.4th 151, 172; Lance Camper Manufacturing Corp. v. Republic Indemnity Co. (1996) 44 Cal.App.4th 194, 203.) Here, Plaintiff alleges the existence of an express contract.

The Court will grant leave to amend to allow Plaintiff the opportunity to allege facts which could show an entitlement to an accounting, an inspection of books and records, and unjust enrichment. Based on the foregoing, Defendant's demurrer is sustained, with 20 days leave to amend. It is so ordered. Dated: August, 2026 Hon. Jon R. Takasugi Judge of the Superior Court Parties who intend to submit on this tentative must send an email to the court at [email protected] by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.

If a party submits on the tentative, the party's email must include the case number and must identify the party submitting on the tentative. If all parties to a motion submit, the court will adopt this tentative as the final order. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. For more information, please contact the court clerk at (213) 633-0517. | Home -->)" -->