Cher

Arya Group, Inc. v. Cher

Good Law
2000 Cal. App. LEXIS 21·2000 Daily Journal DAR 505·77 Cal. App. 4th 610·91 Cal. Rptr. 2d 815·2000 Cal. Daily Op. Serv. 390
Court of Appeal of CaliforniaJanuary 13, 2000B128557California3,042 words

Opinion

Opinion

Mallano, J.

Arya Group, Inc. (Arya) appeals from the orders dismissing its action against the respondents herein, Cher, the Inshallah Trust, Janet L. Bussell, Tutt Design Group, Inc. (Tutt) and Hawthorne Savings, F.S.B., after demurrers to Arya’s second amended complaint were sustained without leave to amend. (Code Civ. Proc., § 581, subd. (f)(1).) Arya contends the trial court’s rulings constituted an abuse of discretion because the factual allegations in Arya’s second amended complaint show Arya “is entitled to relief under legal theories of breach of contract, promissory estoppel, quantum meruit and unjust enrichment, account stated, fraud, intentional interference with economic relationship, conversion, and violation of Civil Code [section] 1719.”

The Complaint

The material allegations of Arya’s second amended complaint, which we assume to be true for purposes of reviewing a ruling sustaining a demurrer without leave to amend (Mirkin v. Wasserman (1993) 5 Cal.4th 1082, 1087 [ 23 Cal.Rptr.2d 101 , 858 P.2d 568 ]), may be summarized as follows. Cher is the beneficiary and trustor of the Inshallah Trust, which is the record owner of real property located in Malibu. In June 1996,…

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