Defendant’s (pro per) demurrer to and motion to strike portions of plaintiff’s complaint. Demurrer sustained in part, with leave to amend, and overruled in part. Motion to strike moot, in light of ruling on demurrer.
The demurrer to the first cause of action for fraud is sustained, with leave to amend, based on failure to state facts sufficient to constitute a cause of action. (CCP 430.10(e).) The complaint fails to allege specific facts supporting the elements of knowledge of falsity or intent to defraud. (Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 72-73 [elements of fraud]; Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 [fraud must be specifically pled].) Defendant’s knowledge of falsity and intent to defraud are alleged as conclusions only (Complaint at Paras. 16, 20), without any supporting facts. However, the remaining elements of fraud are sufficiently pled.
The remainder of the demurrer is overruled. Moving party fails to explain how any particular cause of action is de
Hearing Date
April 26, 2019
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Defendant’s (pro per) demurrer to and motion to strike portions of plaintiff’s complaint. Demurrer sustained in part, with leave to amend, and overruled in part. Motion to strike moot, in light of ruling on demurrer.
The demurrer to the first cause of action for fraud is sustained, with leave to amend, based on failure to state facts sufficient to constitute a cause of action. (CCP 430.10(e).) The complaint fails to allege specific facts supporting the elements of knowledge of falsity or intent to defraud. (Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 72-73 [elements of fraud]; Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 [fraud must be specifically pled].) Defendant’s knowledge of falsity and intent to defraud are alleged as conclusions only (Complaint at Paras. 16, 20), without any supporting facts. However, the remaining elements of fraud are sufficiently pled.
The remainder of the demurrer is overruled. Moving party fails to explain how any particular cause of action is de