Sproul

Filed 11/21/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

CASEY SPROUL et al., Plaintiffs and Appellants,

A172205

v. LESLIE VALLEE, (Contra Costa County Super. Ct. No. C2300775) Defendant and Respondent.

Plaintiffs Casey Sproul and Andrew Sproul and their two minor children sued their neighbor, defendant Leslie Vallee, after Leslie’s husband physically assaulted Casey and then took his own life. 1 The trial court sustained defendant’s demurrer without leave to amend, concluding the complaint did not show Leslie had a duty to control her husband’s behavior. Although we agree with this ruling, we conclude plaintiffs should have had the opportunity to amend their complaint to state a cause of action for negligent misrepresentation, and accordingly we reverse the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Filing of Complaint and First Amended Complaint Plaintiffs filed a complaint against Leslie both as an individual and as personal representative of the estate of her husband, Laurent Vallee (Larry),

1 Because plaintiffs share the same last name with each other, as…