Azar

FACTS AND PROCEDURAL HISTORY

On April 6, 2012, plaintiff filed suit.1 He alleged that on October 14, 2008, he loaned defendant $100,000 (the Loan). Defendant orally promised to repay the Loan within 12 months, at an interest rate of 10 percent. Defendant did not repay the Loan, but gave repeated assurances of repayment. In January 2011, defendant signed a promissory note for $100,000 (the Note). Plaintiff worked for defendant. When plaintiff insisted on repayment of the Loan, defendant terminated his employment. Plaintiff asserted causes of action for breach of contract; money lent; money had and received; conversion; fraud; wrongful termination; and emotional distress. A first amended complaint was followed by a second amended complaint. Defendant demurred, claiming that plaintiff’s attempt to recoup the Loan is barred by a two-year statute of limitations for suing on oral contracts. The court sustained the demurrers with leave to amend. Plaintiff filed a third amended complaint (TAC). He alleges that he was employed by defendant starting in 2005. In 2008, defendant aggressively demanded that plaintiff loan money for her business operations. Plaintiff reluctantly agreed to make…