The Demurrers The demurrers of Cross-Defendants Daniel Murphy and Walter Apodaca to the third amended cross-complaint (“TACC”) filed by Dong Park, Ramblewood Holdings, Ltd. (“RHL”), and David J. Park (together, “Cross-Complainants”) are SUSTAINED in part and OVERRULED in part. The demurrers are sustained as to the first cause of action for intentional misrepresentation without leave to amend. Murphy’s demurrer is sustained as to the cause of action for breach of fiduciary duty without leave to amend. A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) All factual allegations set forth in the complaint “are deemed to be true, however improbable they may be.” (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal. App. 3d 593, 604.) The intentional misrepresentation claim is a duplicative cause of action for fraud. (Palm Springs Villas II Homeowners As