kathryn retzer, Plaintiff, v. PATRICK HERNING, et. al. Defendants.

Case No.: BC724404

Hearing Date: March 13, 2019

[TENTATIVE] order RE:

DEMURRER TO PLAINTIFF’S COMPLAINT

BACKGROUND

On October 4, 2018, Plaintiff Kathryn Retzer (“Plaintiff”) filed the original complaint alleging seven causes of action against Defendants Patrick Herning; 11 Honore, Inc., Medha Agarwal, Redpoint Ventures, and Greycroft Partners IV, LP (collectively, “Defendants”). Plaintiff alleges the following causes of action: (1) breach of fiduciary duty; (2) breach of employment contract; (3) breach of implied covenant of good faith and fair dealing; (4) inducing breach of contract; (5) tortious interference with contractual relations; (6) tortious interference with prospective economic advantage; and (7) quantum meruit.

ANALYSIS

A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. (Picton v. Anderson