Beckwith

Beckwith v. Dahl

Good Law
141 Cal. Rptr. 3d 142·2012 Cal. App. LEXIS 528·205 Cal. App. 4th 1039·2012 WL 1548178
Court of Appeal of CaliforniaMay 3, 2012No. G044479California11,014 words

Opinion

Lead Opinion

Leary, J.

Brent Beckwith appeals from a judgment of dismissal entered after the trial court sustained without leave to amend Susan Dahl’s demurrer to his complaint alleging intentional interference with an expected inheritance (IIEI) and deceit by false promise. Beckwith argues we should join the majority of other states in recognizing the tort of IIEI as a valid cause of action. 1 We agree it is time to officially recognize this tort claim. In addition, in this opinion we have clarified why IIEI and the cause of action, deceit by false promise, address different wrongs. We conclude Beckwith’s complaint alleged sufficient facts to support a claim for deceit, but there are currently insufficient facts stated to allege IIEI. Given the unique circumstances of this case, Beckwith must be afforded an opportunity to amend the complaint if he believes he can allege the facts necessary to support an IIEI claim as delineated in this opinion. We reverse the judgment of dismissal and the order sustaining the demurrer. The matter is remanded for further proceedings.

FACTS & PROCEDURE

1. Marc Christian MacGinnis

Beckwith and his partner, Marc Christian MacGinnis (MacGinnis), were in a…

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