The Demurrer to the First, Second and Third Causes of Action is OVERRULED.
Within twenty (20) days, Defendants shall answer the Complaint.
First Cause of Action for Breach of Contract:
“Generally, ‘damages for mental suffering and emotional distress are ... not compensable in contract actions.’ . . . But exceptions exist. One is where ‘the breach is of such a kind that serious emotional disturbance was a particularly likely result.’. . . ‘Thus, when the express object of the contract is the mental and emotional well-being of one of the contracting parties, the breach of the contract may give rise to damages for mental suffering or emotional distress.’” Plotnik v. Meihaus (2012) 208 Cal. App. 4th 1590, 1601–02.
Second Cause of Action for Negligence:
Although some of the Defendants are health care providers, this cause of action properly states a general negligence theory.
Third Cause of Action for Conversion:
Although the normal measure of damages for conversion is “[t]he value of the p
Hearing Date
May 01, 2017
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The Demurrer to the First, Second and Third Causes of Action is OVERRULED.
Within twenty (20) days, Defendants shall answer the Complaint.
First Cause of Action for Breach of Contract:
“Generally, ‘damages for mental suffering and emotional distress are ... not compensable in contract actions.’ . . . But exceptions exist. One is where ‘the breach is of such a kind that serious emotional disturbance was a particularly likely result.’. . . ‘Thus, when the express object of the contract is the mental and emotional well-being of one of the contracting parties, the breach of the contract may give rise to damages for mental suffering or emotional distress.’” Plotnik v. Meihaus (2012) 208 Cal. App. 4th 1590, 1601–02.
Second Cause of Action for Negligence:
Although some of the Defendants are health care providers, this cause of action properly states a general negligence theory.
Third Cause of Action for Conversion:
Although the normal measure of damages for conversion is “[t]he value of the p