Defendants Worldmark, The Club, Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc., and Wyndham Resort Development Corporation's demurrer to Plaintiff Jacque Russell’s Complaint is sustained with 15 days leave to amend. The ruling on the demurrer renders moot Defendants’ motion to strike.
Defendants’ request for judicial notice is granted. (Evid. Code, § 452, subd. (h).)
First and Second Causes of Action for Fraud and Fraud by Concealment
“In California, fraud must be pled specifically; general and conclusory allegations do not suffice.” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 [citing Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 74].) “This particularity requirement necessitates pleading facts which 'show how, when, where, to whom, and by what means the representations were tendered.” (Lazar v. Superior Court, supra, 12 Cal.4th at p. 645.)
In cases against corporate employers, “the plaintiff must ‘allege the names of the persons who made the allegedly fra
Hearing Date
January 22, 2021
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Defendants Worldmark, The Club, Wyndham Vacation Resorts, Inc., Wyndham Worldwide Operations, Inc., and Wyndham Resort Development Corporation's demurrer to Plaintiff Jacque Russell’s Complaint is sustained with 15 days leave to amend. The ruling on the demurrer renders moot Defendants’ motion to strike.
Defendants’ request for judicial notice is granted. (Evid. Code, § 452, subd. (h).)
First and Second Causes of Action for Fraud and Fraud by Concealment
“In California, fraud must be pled specifically; general and conclusory allegations do not suffice.” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 [citing Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 74].) “This particularity requirement necessitates pleading facts which 'show how, when, where, to whom, and by what means the representations were tendered.” (Lazar v. Superior Court, supra, 12 Cal.4th at p. 645.)
In cases against corporate employers, “the plaintiff must ‘allege the names of the persons who made the allegedly fra