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Employers’s Demurrer Overruled On Appeal.

January 10, 2014 by Leave a Comment

Demurrer Plaintiffs worked for a company about to be sold. The owners allegedly promised that if plaintiffs would stay on until the sale was complete, they would be paid a bonus sufficient for them to retire. The company sold for $30 million and the promised bonuses were not paid. Plaintiffs brought an action for several causes of action including fraud and breach of contract, and their action was dismissed after the trial court sustained defendant’s demurrer. In reversing, the appellate court found “the first amended complaint alleges facts sufficient to state causes of action for fraud, breach of contract, and promissory estoppel, and fails to adequately allege causes of action for intentional infliction of emotional distress, negligent misrepresentation, and estoppel in pais.” (Moncada v. West Coast Quartz Corp. (Cal. App. Sixth Dist.; November 22, 2013) 221 Cal.App.4th 768, [164 Cal.Rptr.3d 601].

Filed Under: Appellate Law News, Contract Law News, Legal News, Procedural Law News, Tort Law News

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