DEMURRER TO SECOND AMENDED COMPLAINT

MOVING PARTY: Defendants Thomas E. Morgan, III, Covina Hills MHC, LLC, Covina Hills GP, LLC, Juanita Springs Associates, LP, and Covina Hills MHC, LLC

RESPONDING PARTY(S): Plaintiff Richard Pech

PROOF OF SERVICE:

ANALYSIS

Demurrer

1. Third Cause of Action (Fraud); Fourth Cause of Action (Fraud by Intentional Misrepresentation); Seventh Cause of Action (Fraud by False Promise Stated); Eighth Cause of Action (Fraud by Intentional Misrepresentation).

The value of legal services performed constitute benefit-of-the-bargain (i.e., contract) damages which are not recoverable under fraud under the circumstances at hand. Kenly v. Ukegawa (1993) 16 Cal.App.4th 49, 54.

While Plaintiff has amended to allege specific particular representations made by Defendant, Plaintiff must specify the amount of out-of-pocket losses caused by particular misrepresentations made by Defendant, which out-of-pocket losses would not have been incurred but for the alleged mi