HEARING ON DEMURRER TO 1st Amended COMPLAINT of GAUMER FILED BY

JOCELYN LORENZO

* TENTATIVE RULING: *

Defendant Jocelyn Lorenzo’s demurrer to the first amended complaint is overruled as to cause of action 5 and sustained with leave to amend as to causes of action 1, 2, 3, and 4. Plaintiff shall file and serve her amended complaint by December 3, 2020.

Plaintiff sued Defendant for (1) breach of contract, (2) breach of contract based on promissory estoppel, (3) breach of implied covenant of good faith and fair dealings, (4) conversion, and (5) fraudulent misrepresentation. Defendant demurs to each cause of action for the failure to state a claim and uncertainty.

Breach of Contract (C/A 1)

Plaintiff alleges that she and the Defendant entered into an oral agreement in July 2017 where the parties agreed to “jointly own and operate a restaurant” in Concord called “Quickly Concord (QC)”. Plaintiff alleges that she performed her obligations under the contract by obtaining three loans for