NATURE OF PROCEEDINGS: TENTATIVE RULING** ON DEMURRERS
Defendants' demurrers to the first (breach of contract) and second (quiet title) causes of action in the second amended complaint on the grounds of failure to state a cause of action are sustained.
In its ruling on defendants' demurrer to the first amended complaint this Court granted plaintiff one last opportunity to file a separately-stated, second amended complaint to allege with specificity and certainty the nature and terms of the contract, plaintiff's performance, defendants' breach and damage to plaintiff. In light of the statute of limitations issue created on the face of the original complaint, plaintiff also had to plead facts to overcome that problem. The Court also granted leave to amend the second cause of action.
Even liberally construed, as the law requires, the allegations in the second amended complaint are insufficient to state a timely claim for breach of contract.
Plaintiff has alleged that he agreed to exte
Hearing Date
March 25, 2010
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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NATURE OF PROCEEDINGS: TENTATIVE RULING** ON DEMURRERS
Defendants' demurrers to the first (breach of contract) and second (quiet title) causes of action in the second amended complaint on the grounds of failure to state a cause of action are sustained.
In its ruling on defendants' demurrer to the first amended complaint this Court granted plaintiff one last opportunity to file a separately-stated, second amended complaint to allege with specificity and certainty the nature and terms of the contract, plaintiff's performance, defendants' breach and damage to plaintiff. In light of the statute of limitations issue created on the face of the original complaint, plaintiff also had to plead facts to overcome that problem. The Court also granted leave to amend the second cause of action.
Even liberally construed, as the law requires, the allegations in the second amended complaint are insufficient to state a timely claim for breach of contract.
Plaintiff has alleged that he agreed to exte