Kothari

FACTS

In 2020, Kothari and Michel, a married couple, filed a complaint representing a “four part dispute arising out of business operations and ownership” of MBKV, doing business as Popwhite. (Underline omitted.) In addition to damages, they sought restitution, an order imposing a constructive trust over the LLC, an order clarifying the various membership interests in the LLC, an accounting, punitive damages, and attorney fees and costs. Before discussing the nature of the four disputes, it is helpful to understand the relationship of the parties and some details about their backgrounds. Desai and his wife raised Kothari from the age of four years old until she was 12. After she left their home, they “maintained a close familiar relationship with one another” and Kothari viewed Desai “as a father figure.” Kothari alleged Desai acted as her mentor and “encouraged her to follow in his footsteps as a business owner and entrepreneur.”

1 We limit our summary of the facts to those set forth in the complaint. (Rice v. Downs (2016) 248 Cal.App.4th 175, 185 [whether an arbitration agreement applies to a specific dispute requires the court to examine only the agreement and the allegations…