2013-00156148-CU-FR

Krista Ricci vs. Julie Brown

Nature of Proceeding:   Hearing on Demurrer

Filed By:  Brown, Julie

Defendant Julie Brown’s demurrer to Plaintiffs Krista Ricci (“Ricci”) and Michael
Alpass’ (collectively “Plaintiffs”) complaint is ruled upon as follows.

This is an action for Conversion – Trespass to Chattel, Slander, Fraud, Extortion, and
Conspiracy.

Plaintiffs allege that  Defendant, among others, converted approximately $60,00 from
Ricci in livestock (horses) and furniture which Ricci had sole ownership. They further
allege that Defendant, among others, slandered Plaintiffs “by stating to third parties
that they had stolen from Plaintiff Ricci’s a [sic] mother to wit Defendant- Julie
Brown.”  (Complaint, ¶12.)  They further allege that Defendant, among others,
attempted to defraud and extort money from Plaintiffs.

Conversion- Trespass to Chattel

The demurrer is OVERRULED.  Plaintiffs’ allegations are sufficient.

Slander

The demurrer is SUSTAINED with leave to amend.  The allegations are uncertain and
vague and do not place Defendant on notice as to the alleged slanderous statement.             Fraud

The demurrer is SUSTAINED with leave to amend.  Plaintiffs have failed to plead this
cause of action with sufficient particularity.  Plaintiffs must plead the specific facts
establishing each and every element of fraud. (Lazar v. Superior
Court (Rykoff-Sexton, Inc.) (1996)12 Cal.4th 631, 638.) Plaintiffs must plead facts
which show, among other things, how, when, where, to whom and by what means any
misrepresentations were made. (Citizens of Humanity, LLC v. Costco Wholesale Corp.
(2009) 171 Cal.App.4th 1, 20.)

Civil Extortion

The demurrer is OVERRULED.  “The threat to report a crime may constitute extortion
even if the victim did in fact commit a crime. The threat to report a crime may in and of
itself be legal. But when the threat to report a crime is coupled with a demand for
money, the threat becomes illegal, regardless of whether the victim in fact owed the
money demanded.”  (Mendoza v. Hamzeh (2013) 215 Cal. App. 4th 799, 805.)  Here,
Plaintiffs allege that Defendant, among others, acted to obtain money and property
from Plaintiffs by threatening them with false criminal charges.  These allegations are
sufficient.

Conspiracy

The demurrer is SUSTAINED with leave to amend.  In order to allege a conspiracy
cause of action, plaintiff must allege an agreement by two or more persons to commit
a wrongful act.  (Choate v County of Orange (2000) 86 Cal.App.4th 312.)  The
complaint is void of such allegations.

Where leave to amend is granted, Plaintiffs may file and serve a first amended
complaint (“FAC”) by no later than July 1, 2014, Response to be filed and served
within 10 days thereafter, 15 days if the FAC is served by mail. (Although not required
by any statute or rule of court, Plaintiffs are requested to attach a copy of the instant
minute order to the FAC to facilitate the filing of the pleading.)

The minute order is effective immediately.  No formal order pursuant to CRC Rule
3.1312 or further notice is required.