Demurrer Sustained in a Contract Action Seeking Punitive Damages

January 9, 2015

On January 9, 2015, Judge Richard Fruin of Department 15 in the Los Angeles Superior Court, sustained defendant's demurrer to plaintiffs amended complaint, without leave to amend, in a breach of contract action seeking punitive damages handled by Joseph Kang.

The plaintiff's complaint alleged causes of action against the defendant for fraud, breach of fiduciary duty, promissory estoppel, restitution, dissolution of the LLC, conversion, accounting, and punitive damages related to an internet start-up dispute. After the first round of demurrers, the plaintiff alleged only causes of action for conversion and accounting seeking punitive damages against defendant in the amended complaint. In the second round of demurrers, Judge Fruin agreed that the plaintiff failed to claim conspiracy, failed to claim a specific identifiable fund as to this defendant, and failed to show "despicable conduct" on the part of this defendant.