Asher vs. Rutledge, Gruba

Demurrer to First Amended Cross-complaint


Demurrer to cross-complaint allegsing causes of action for fraud, breach of contract, related business torts. The This demurrer is based upon the grounds that the first amended cross-complaint fails to state facts sufficient to constitute causes of action against the demurring cross-defendant, that the allegations in the First Amended Cross-complaint are uncertain and unintelligible, and that the First Amended Cross-complaint does not properly plead or specify the elements of the purported causes of action for fraud, breach of contract, conversion as against this (or any) Cross-Defendant. The demurrer notes that the cross-complaint improperly sought tort remedies for contractual claims; the demurrer notes that "conduct amounting to a breach of contract, however, becomes tortious only when it also violates an independent duty arising from principles of tort law."

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Reference Info:Pleadings | State, 9th Circuit, California | United States

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