Tentative Ruling
Weber v. Taylor et al., Case No. SC129036
Hearing Date July 1, 2021
Defendant’s Demurrer to First Amended Complaint
Plaintiff alleges defendant Taylor gave her an opportunity to invest in his company, promising a substantial return; in reliance, she gave defendant $150,000. Plaintiff alleges Taylor did not use the money as promised, she received no return and defendant Burch assisted Talyor in his fraudulent scheme, receiving some of the proceeds. Defendant Taylor demurs.
Uncertainty
A complaint must identify the specific defendant against which each cause of action is alleged and the facts constituting each cause of action. Cal. Code of Civ. Proc. §430.10(f), Cal. Rules of Court 2.112(3). Defendant demurs on uncertainty. The complaint does allege specific, separate wrongful acts by Taylor and Burch. Plaintiff alleges Taylor made false representations to induce her to give him money and Burch helped Taylor “appear successful” to facilitate the alleged fraud. FAC
Hearing Date
July 01, 2021
Type
Fraud (no contract) (General Jurisdiction)
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Tentative Ruling
Weber v. Taylor et al., Case No. SC129036
Hearing Date July 1, 2021
Defendant’s Demurrer to First Amended Complaint
Plaintiff alleges defendant Taylor gave her an opportunity to invest in his company, promising a substantial return; in reliance, she gave defendant $150,000. Plaintiff alleges Taylor did not use the money as promised, she received no return and defendant Burch assisted Talyor in his fraudulent scheme, receiving some of the proceeds. Defendant Taylor demurs.
Uncertainty
A complaint must identify the specific defendant against which each cause of action is alleged and the facts constituting each cause of action. Cal. Code of Civ. Proc. §430.10(f), Cal. Rules of Court 2.112(3). Defendant demurs on uncertainty. The complaint does allege specific, separate wrongful acts by Taylor and Burch. Plaintiff alleges Taylor made false representations to induce her to give him money and Burch helped Taylor “appear successful” to facilitate the alleged fraud. FAC