The demurrer to the second amended complaint ("SAC"), filed by defendant National University, is sustained without leave to amend.
Preliminary Matters
Plaintiff's opposition should have been filed by January 6, 2020, nine court days before the hearing. Code Civ. Proc., § 1005, subd. (b). It was not. It was filed on January 10. As defendant filed a Reply and did not request a continuance, the Court as considered the late filing.
Discussion
The SAC alleges causes of action for (1) fraud, and (2) constructive fraud. National University demurs on the grounds that the FAC is uncertain and fails to state facts sufficient to constitute a cause of action.
A complaint must contain a statement of the facts constituting the cause of action, in ordinary and concise language. Code Civ. Proc., § 425.10, subd. (a). The elements of fraud are: (1) misrepresentation; (2) knowledge of falsity; (3) intent to defraud; (4) reliance; and (5) damage. Lazar v. Superior Court (1996) 12 Cal.4th 631, 638. Fr
Hearing Date
January 16, 2020
Category
Civil - Unlimited
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The demurrer to the second amended complaint ("SAC"), filed by defendant National University, is sustained without leave to amend.
Preliminary Matters
Plaintiff's opposition should have been filed by January 6, 2020, nine court days before the hearing. Code Civ. Proc., § 1005, subd. (b). It was not. It was filed on January 10. As defendant filed a Reply and did not request a continuance, the Court as considered the late filing.
Discussion
The SAC alleges causes of action for (1) fraud, and (2) constructive fraud. National University demurs on the grounds that the FAC is uncertain and fails to state facts sufficient to constitute a cause of action.
A complaint must contain a statement of the facts constituting the cause of action, in ordinary and concise language. Code Civ. Proc., § 425.10, subd. (a). The elements of fraud are: (1) misrepresentation; (2) knowledge of falsity; (3) intent to defraud; (4) reliance; and (5) damage. Lazar v. Superior Court (1996) 12 Cal.4th 631, 638. Fr