Maxwell

Jordan Maxwell sued Josef Dolezal after their business relationship deteriorated. The trial court dismissed Maxwell’s action after sustaining Dolezal’s demurrer to all of Maxwell’s claims without leave to amend. On appeal, we conclude that Maxwell properly stated a claim for breach of contract and that the demurrer to that cause of action was erroneously sustained. We reverse the judgment and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

In January 2013, Maxwell, in proprio persona, filed an action alleging that Dolezal had invaded his privacy by commercial appropriation of his name, image, and Web site. Maxwell alleged that Dolezal had used his photograph and his Web site, JordanMaxwell.com, without Maxwell’s authorization or consent and for the purposes of advertising and/or soliciting purchases of merchandise. Maxwell alleged that, as a result, he had suffered injury to his business and lost income as a celebrity; he sought damages and an injunction preventing Dolezal from using his Web site and likeness for advertising or soliciting purchase or rental of videos.

Maxwell subsequently retained an attorney who filed a first amended complaint on his…