Defendant Lawrence Hurwitz’s Demurrer
2026CUMC061843: NATREN, INC., et al. vs STEVE RANDALL, et al. 05/19/2026 in Department 43 Demurrer
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Tentative Ruling: The Demurrer is SUSTAINED with leave to amend.
Tenth Cause of Action (Conspiracy to Defraud re Loan)
2026CUMC061843: NATREN, INC., et al. vs STEVE RANDALL, et al.
A plaintiff must allege facts supporting fraud with particularity, including how, when, where, to whom, and by what means the alleged misrepresentations or concealments occurred. (Rattagan v. Uber Technologies, Inc. (2024) 17 Ca1.5th 1, 40.) As Defendant notes, the complaint lumps all the defendants together as to the fraud claims. (Complaint, ¶¶ 302-321.) While Plaintiffs are afforded a somewhat relaxed standard when defendants have superior knowledge, the roles and the relationships with Plaintiff vary substantially between each defendant. As such, the complaint should allege the specific acts against Defendant Hurwitz separately to meet the particularity requirements. In addition, the complaint does not specifically allege the how, when, where, to whom, and by what means.
Twelfth Cause of Action (Conspiracy to Intentionally Inflict Emotional Distress)
A claim for intentional infliction of emotion distress requires extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, severe emotional distress, the plaintiffs suffering severe emotional distress, and causation. (Hughes v. Pair (2009) 46 Ca1.4th 1035, 1050-1051. Liability requires that the conduct alleged must be "so extreme and outrageous as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community." (Mintz v. Blue Cross of California (2009) 172 Cal.App.4th 1594, 1608.)
The disposition of the demurrer as to this cause of action depends on whether the Court attributes the entirety of the conduct alleged to Hurwitz through the aiding and abetting theory. Given that that a cause of action for intentional infliction of emotional distress requires extreme conduct with intent, the allegations must be explicitly made against the defendant.
Fourteenth Cause of Action (Injunctive Relief)
Injunctive relief lies to prevent threatened injury or the continuance of an act, not to remedy completed past wrongful conduct. (Code Civ. Proc., § 526, subd. (a)(1)-(2); Yost v. Forestiere (2020) 51 Cal.App.5th 509, 523.) The complaint does not allege any ongoing, future or threatened conduct by Hurwitz specifically, and injunctive relief cannot be granted on the basis of completed past acts. Plaintiffs argument that the label of the relief is immaterial on demurrer is correct, but meaningless here because Hurwitz attacks the substance of the relief sought.
Plaintiff is granted leave to file an amended complaint on or before June 6, 2026.
Moving party is ordered to serve notice of the Courts ruling.
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