Date Posted: January 22, 2010 by legalrequest
PLAINTIFF’S OPPOSITION TO DEFENDANT’S DEMURRER TO COMPLAINT
PLAINTIFF’S OPPOSITION TO DEFENDANT’S DEMURRER TO COMPLAINT. Fairly simple opposition to a demurrer to client’s complaint for breach of contract. The demurrer alleged that Plaintiff failed to state facts sufficient to constitute a cause of action against Defendant and that the defendant never had a contract with Plaintiff. Following the filing of the complaint, the plaintiff discovered the true names of additional defendants and Plaintiff filed an Amendment to the Complaint . Issues: 1) FACTS SUFFICIENT TO CONSTITUTE A CAUSE OF ACTION AGAINST DEFENDANT BECAME KNOWN TO PLAINTIFF SUBSEQUENT TO FILING THE COMPLAINT 2) IN THE ALTERNATIVE, THE COURT SHOULD GRANT LEAVE TO AMEND THE FIRST AMENDED COMPLAINT