Don Myers v. Merrill Mutual LLC, Merrill Gold LLC, Simon Whitaker, Luke Thomas, and Does 1 through 50, inclusive
Published: Jan. 7, 2017 | Result Date: Dec. 12, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC597875 Demurrer – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Elan Darvish
(Darvish Firm APC)
Defendant
Erin E. McCracken
(Berger & Hipskind LLP)
Sheldon E. Eisenberg
(Sullivan & Triggs LLP)
Facts
Plaintiff, 82, sued defendants relating to his investment in American Eagle Platinum coins.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants committed fraud and financial elder abuse against him by inducing him to his trade precious metals commodities for the coins, which were worth less than what defendants had represented.
DEFENDANT'S CONTENTIONS:
Simon Batashvili contended that plaintiff failed to plead sufficient facts to establish that Merrill Gold LLC, a precious metals retailer, was his alter ego and that all of his allegations were insufficient as a matter of law.
Result
The court sustained the demurrer in its entirety as to Batashvili.
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