DIANE FISHER VS LOUIS KEARN, ET AL.

Case No.: 18STLC10608    

Fisher v. Kearn, et al.

Defendants Coit Services CV, Inc., Coit Services, Inc. and Robert L. Kearn’s Demurrer and Motion to Strike the First Amended Complaint are ruled on as follows.

- The demurrer to the causes of action for fraud, breach of contract and breach of bailment are sustained with 20 days’ leave to amend for failure to allege facts sufficient to state a cause of action.

- The demurrer to the embezzlement cause of action is sustained without leave to amend for failure to allege facts sufficient to state a cause of action.

- The demurrer to the negligence and conversion causes of action for uncertainty is overruled.

- The motion to strike is granted with 20 days’ leave to amend.

Legal Standard

Demurrer

A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposin........