Perez

FACTS AND PROCEEDINGS

The following facts are taken from plaintiffs‟ complaint and the declarations supporting and opposing the motion to strike. Faye Stearns, an elderly woman, owned a card room in Sacramento called Duffy‟s. She held the gambling license for the establishment. In December 2004, Duffy‟s was destroyed by a fire. Although Stearns wanted to reopen the business, she did not have the financial means to do so. Through acquaintances at the card room, Rafael learned that Stearns was seeking help to reopen Duffy‟s. Stearns and Rafael met several times following the fire. On January 7, 2005, they executed a written partnership agreement to reopen the card room (Rafael-Stearns Agreement). That same day Stearns also executed a Gambling Control Commission form designating Rafael as her agent to “represent all of [D]uffy‟s future license transactions, Table fees, and business promotions,” and, as her designated agent, Rafael submitted an application to the Gambling Commission to renew Stearns‟s state gambling license. The Rafael-Stearns Agreement lists the nature of the partnership‟s business as “Card Room License (Game Room).” According to the agreement, Rafael and Stearns…