Title:HERSHORIN & HENRY, LLP, A CALIFORNIA LIMITED VS. RAYMOND ZHANG AKA RAYMOND XIANG KALZHANG, AN ET AL
Court Date:FEB-07-2018 09:30 AM
Matter:Defendant Zhangs Notice Of Motion And Motion To Strike Third Amended Complaint
Rulings:The matter is on calendar for Wednesday, February 7, 2018, Line 4, DEFENDANT’S CINDY ZHANG AND RAYMOND ZHANG Defendant Motion To Strike Third Amended Complaint. Defendants Raymond and Cindy Zhang’s motion to strike portions of the third amended complaint filed by plaintiff Hershorin & Henry, LLP is denied in its entirety. The TAC adequately alleges both an enforceable contract and reliance damages based on H&H’s payment to the LLC notwithstanding its receipt of notice of the attorney’s lien. Nor did the court order mandate the payment to the LLC and, even if it did, there were changed circumstances once the attorney’s lien was filed. The TAC also adequately alleges attorney’s fees as part of H&H’s claimed damages. The TAC alleges that the indemnity agreement provides attorney’s fees as damages. Attorney’s fees are also recoverable as damages under the tort claims per the tort of another doctrine. H&H’s request for punitive damages is sufficiently pled based on alleged fraud of the LLC and the Zhangs. The TAC also alleges sufficient facts showing that the Zhangs are the alter egos for the LLC. Any party who contests a tentative ruling must send an email to firstname.lastname@example.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. Counsel for H&H is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring it to the hearing or email it to email@example.com prior to the hearing even if the tentative ruling is not contested.