Clinton Miller (“Miller”) initiated this action against Denise Jarman (“Jarman”) in the Santa Clara County Superior Court, in October 2018. After Jarman filed a Motion to Change Venue, which was granted, Miller filed a First Amended Complaint (“FAC”) with this Court, on May 14, 2019. The FAC alleges that Jarman agreed to retain Miller as an expert witness and that there is a balance owing of $21,409.52 for services rendered. The FAC sets forth causes of action for breach of contract, three common counts, and unjust enrichment.
Jarman demurrers to all five causes of action on the ground they fail to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10(e).) Jarman relies on Miller’s opposition to her Motion to Change Venue in which he argued that the parties had entered into the contract at issue in Santa Clara County and thus, venue should remain in that county. Jarman argues that had the Santa Clara County Superior Court accepted Miller’s argument, then th
Hearing Date
August 01, 2019
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Clinton Miller (“Miller”) initiated this action against Denise Jarman (“Jarman”) in the Santa Clara County Superior Court, in October 2018. After Jarman filed a Motion to Change Venue, which was granted, Miller filed a First Amended Complaint (“FAC”) with this Court, on May 14, 2019. The FAC alleges that Jarman agreed to retain Miller as an expert witness and that there is a balance owing of $21,409.52 for services rendered. The FAC sets forth causes of action for breach of contract, three common counts, and unjust enrichment.
Jarman demurrers to all five causes of action on the ground they fail to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10(e).) Jarman relies on Miller’s opposition to her Motion to Change Venue in which he argued that the parties had entered into the contract at issue in Santa Clara County and thus, venue should remain in that county. Jarman argues that had the Santa Clara County Superior Court accepted Miller’s argument, then th