DEMURRER TO 1ST AMENDED COMPLAINT
Set for hearing on Monday, December 14, 2015, line 7. DEFENDANT RICHARD TOM'S DEMURRER TO 1ST AMENDED COMPLAINT.
Defendant Richard Tom's demurrer to the first amended complaint is sustained without leave to amend as to the ninth cause of action for trade libel and overruled as to all other causes of action. Plaintiff's trade libel claim fails as a matter of law because the allegedly libelous statements do not concern plaintiffs' services or products. All other arguments made in support of the demurrer lack merit. Except for the trade libel cause of action, all of the claims are adequately pled per governing law. There is no obligation for a pleader to attach a written contract to state a claim for breach of a written contract. Failure to pay identifiable profits supports a claim for conversion. Plaintiffs are not required to plead special damages for their defamation claim. While civil conspiracy is not an independent claim, but rather a basis to
Hearing Date
December 14, 2015
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DEMURRER TO 1ST AMENDED COMPLAINT
Set for hearing on Monday, December 14, 2015, line 7. DEFENDANT RICHARD TOM'S DEMURRER TO 1ST AMENDED COMPLAINT.
Defendant Richard Tom's demurrer to the first amended complaint is sustained without leave to amend as to the ninth cause of action for trade libel and overruled as to all other causes of action. Plaintiff's trade libel claim fails as a matter of law because the allegedly libelous statements do not concern plaintiffs' services or products. All other arguments made in support of the demurrer lack merit. Except for the trade libel cause of action, all of the claims are adequately pled per governing law. There is no obligation for a pleader to attach a written contract to state a claim for breach of a written contract. Failure to pay identifiable profits supports a claim for conversion. Plaintiffs are not required to plead special damages for their defamation claim. While civil conspiracy is not an independent claim, but rather a basis to