Demurrer to Complaint
Defendant Paul Yalnezian’s general demurrer to the complaint’s first and third causes of action is SUSTAINED WITH LEAVE TO AMEND. The Court finds that the allegations of the first cause of action for breach of contract, including the documents attached as exhibits thereto, establish the affirmative defense of statute of frauds. Leave to amend is granted to afford plaintiff an opportunity to “plead around” this affirmative defense. The Court finds that the allegations of the third cause of action for fraud do not plead the elements of fraud with sufficient particularity. “In California, fraud must be pled specifically; general and conclusory allegations do not suffice.” (Lazar v. Superior Court (1996) 12 Cal. 4th 631, 645.) The particularity requirement necessitates pleading facts which “show how, when, where, to whom and by what means the representations were tendered.” (Ibid.) Leave to amend is granted to afford plaintiff an opportunity to plead fraud with partic