Defendant Atkinson, Andelson, Loya, Rudd & Romo’s (“Defendant”) demurrer to plaintiffs Korey Chong and Jean Chong’s (“Plaintiffs” together) Complaint is SUSTAINED with leave to file a First Amended Complaint within 15-days of written notice of the Court’s ruling.
Defendant demurs to the first cause of action for Legal Malpractice on the bases that it fails to state facts sufficient to constitute a cause of action and it is uncertain. Civ. Proc. Code § 430.10(e)-(f). Defendant demurs to the second cause of action for Breach of Contract on the bases that it fails to state facts sufficient to constitute a cause of action, is uncertain, and it cannot be ascertained from the Complaint whether the contract is written, is oral, or is implied by conduct. Civ. Proc. Code § 430.10(e)-(g).
A) COA #1 – Legal Malpractice
“The elements of a cause of action in tort for professional negligence are: (1) the duty of the professional to use such skill, prudence, and diligence as other members of his prof