Jaffe

The Case

Plaintiffs Sam and Mildred Jaffe filed a complaint against Richard Carroll and Richard Carroll & Co. on April 8, 1972. The complaint set forth two causes of action; the first cause of action for declaratory relief and the second cause of action apparently seeks relief based on a gift and misrep resentation and fraud theory. Both causes of action were based on a letter, a copy of which is attached as “Exhibit A” and incorporated by reference as though fully set forth in the complain, given to plaintiffs by Richard Carroll in 1951. The letter in its entirety is as follows:

Defendants Richard Carroll and Richard Carroll & Co. demurred to plaintiffs’ complaint on the grounds that the first and second causes of action did not state facts sufficient to constitute a cause of action in that, on the face thereof, each cause of action was barred by the statute of limitations (Code Civ. Proc., § 337) and that each cause of action did not state facts sufficient to constitute a cause of action. Richard Carroll also specially demurred, alleging the complaint was uncertain, ambiguous and unintelligible. Defendant Richard Carroll & Co. generally demurred in a separate pleading…