Defendant's Demurrer to the 5th Cause of Action (Negligence) to the First Amended Complaint is overruled.
There is an allegation of duty: Full Stack was hired by Defendant to "service Heartbeat Technologies," to coordinate employee share buy-outs. See First Amended Complaint Paragraphs 70 and72. The hiring was intended to affect employees in Plaintiff's position. Further, it is alleged that Plaintiff asked Full Stack for assistance in exercising his share options and informed Defendant of his deadline. See First Amended Complaint Paragraphs 73-74. This shows the existence of a duty. Lastly, Plaintiff alleges that as a direct result of Full Stack's failure to assist him, he missed the option date and was unable to purchase the shares. See First Amended Complaint Paragraph 12. This shows the breach of duty and his damage.
Hearing Date
October 19, 2018
Type
Contractual Fraud (General Jurisdiction)
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Defendant's Demurrer to the 5th Cause of Action (Negligence) to the First Amended Complaint is overruled.
There is an allegation of duty: Full Stack was hired by Defendant to "service Heartbeat Technologies," to coordinate employee share buy-outs. See First Amended Complaint Paragraphs 70 and72. The hiring was intended to affect employees in Plaintiff's position. Further, it is alleged that Plaintiff asked Full Stack for assistance in exercising his share options and informed Defendant of his deadline. See First Amended Complaint Paragraphs 73-74. This shows the existence of a duty. Lastly, Plaintiff alleges that as a direct result of Full Stack's failure to assist him, he missed the option date and was unable to purchase the shares. See First Amended Complaint Paragraph 12. This shows the breach of duty and his damage.