Chase v. Chapuis

Memorandum of Points and Authorities in Support of Demurrer to Cross Complaint


This action arose out of the defendant's refusal to perform an agreement to sell his property to the plaintiffs. The defendant filed a cross-complaint, alleging that the plaintiffs were guilty of Elder Financial Abust and fraud in obtaining the agreement, and intentional interference with economic advantage as a result of filing the complaint and a lis pendens which prevented him from selling the property to a third party.

Plaintiffs demurred to the cross-complaint on the ground that the defendant's allegations showed that he could not establish his claims of Elder Fincnaicl Abuse and Fraud because he repudiated the agreement and that, as a matter of law, the filing of a lis pendens and complaint cannot constitute tortious interference.

The Court granted the demurrer.

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Reference Info:Legal Memoranda: Motion Addressed to Pleadings | State, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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