Owens
Owens v. Foundation for Ocean Research
Opinion
Opinion
Brown, J.
Vernon S. Owens appeals a judgment dismissing his action against the Foundation for Ocean Research (FOR) and its representatives for damages based upon claims in equitable estoppel, fraud, interference with contract and/or prospective economic advantage, civil conspiracy, and breach of warranty of authority. The trial court dismissed the action after sustaining FOR’s demurrer on the ground the complaint failed to state any cause of action on the facts alleged.
It should be noted at the outset our review is limited by the following established principles: A demurrer admits the truth of all properly pleaded material allegations in the complaint, without regard to the difficulty of proof (Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493, 496 [ 86 Cal.Rptr. 88 , 468 P.2d 216 ]). The allegations of the complaint must be liberally construed with a view to attaining substantial justice among the parties (King v. Central Bank (1977) 18 Cal.3d 840, 843 [ 135 Cal.Rptr. 771 , 558 P.2d 857 ], quoting from Youngman v. Nevada Irrigation Dist. (1969) 70 Cal.2d 240, 244-245 [ 74 Cal.Rptr. 398 , 449 P.2d 462 ]). However, all intendments weigh in favor of the regularity of the trial…