Tentative ruling issued by Judge Warren C. Stracener on Jun. 28, 2019 in El Dorado County, CA - Case no: xxxxx481

Demurrer to 1st Amended Complaint.
Plaintiffs filed the initial complaint on September 24, 2018. Defendant demurred to the complaint and plaintiffs responded on February 4, 2019 by filing a 1st amended complaint prior to the hearing on the demurrers. The 1st amended complaint asserts causes of action for breach of contract, fraud, negligent misrepresentation, promissory fraud, rescission, cancellation of written instrument, and specific performance.
Defendant demurs to all causes of action of the 1st amended complaint on the following grounds: plaintiffs failed to allege sufficient facts to establish that defendant breached the agreement; plaintiffs failed to adequately allege damages for breach of contract; plaintiffs failed to allege sufficiently specific facts to establish the elements of the fraud and negligent misrepresentation causes of action; the promissory fraud and rescission causes of action are defective for the same reasons as argued in the demurrers to the f….....