DEFENDANT LIANNE MCLEAN’S DEMURRER TO FIRST AMENDED COMPLAINT
Defendant’s Demurrer to First Amended Complaint (FAC) is SUSTAINED WITH LEAVE TO AMEND.
As to the first cause of action for breach of contract, the FAC does not sufficiently allege the legal effect of the express and implied oral contract between Plaintiff and Defendant. (See Scolinos v. Kolts (1995) 37 Cal.App.4th 635, 640.)
As the second cause of action for specific performance, Plaintiff has submitted a declaration stating that “Max has died.” (Fehrenbach Decl. ISO FAC, ¶ 9.) Accordingly, specific performance no longer appears possible.