2017-00221574-CU-PO

Lisa M. Verlinden vs. Worley Real Estate, Inc.

Nature of Proceeding: Hearing on Demurrer to Plaintiff’s Complaint

Filed By: Jones, Shannon B.

The demurrers of Defendants Worley Real Estate, Inc. and Jake Guerin (collectively “Defendants”) are SUSTAINED with leave to amend.

Evidence submitted with the opposition is STRICKEN. The court may not consider evidence on demurrer.

This case presents a dispute between a buyer of real estate and her real estate agent and broker. Plaintiff Lisa M. Verlinden (Verlinden) is the buyer. Defendants are the broker and agent. According to Verlinden, Defendants wrongfully induced her to buy a property with termites and a roof in poor condition. Her first cause of action against Defendants is for breach of contract. Defendants demur on grounds the allegations fail to state facts sufficient to state a cause of action. They also demur on grounds it is unclear whether the contract is oral or written. Verlinden opposes.

The demurrers are sustained. Verlinden has neither attached the contract to the complaint nor alleged its terms verbatim. Nor has she alleged the legal effect of the contract’s material terms. Because Verlinden has not alleged the contractual promises exchanged in the contract, she has not alleged sufficient facts to state a breach of contract cause of action. Similarly, because she has not established that the contract is oral or written, Defendants’ demurrer on that ground is sustained as well.

Because this is Defendants’ first objection to the allegations, leave to amend is granted.

No later than 3/08/18, Verlinden may file and serve a first amended complaint (FAC) in an attempt to cure her first cause of action for breach of contract; response(s) due within 30 days thereafter, 35 days if the FAC is served by mail.

Although not required by any statute or rule of court, Verlinden is requested to attach a copy of the instant minute order to the FAC to facilitate the filing of the pleading.

If any defendant intends to demur to the FAC or move to strike, it shall determine if any other defendant who has appeared in this action also intends to demur or move to strike. If so, all such defendants shall coordinate a single hearing date for the demurrers and motions to strike. Additionally, a copy of the FAC shall be included with the moving papers.