DEMURRER TO COMPLAINT
Set for hearing on Monday, September 21, 2015, Line 10, DEFENDANT DANIEL CASABONNE'S DEMURRER TO COMPLAINT.
Sustained with leave to amend. Pursuant to CCP 430.10(e), the court will sustain Defendant's demurrer with ten days leave to amend on the grounds that Plaintiff has failed to plead facts which sufficiently establish the existence of a valid contract between the parties. The terms of the Referral Agreement required execution by Defendant. Neither the case law cited by Plaintiff, nor the references to the Uniform Electronic Transactions Act CC ? 1633.1 et seq. support Plaintiff's position that the typed words, "accepted by telephone," constitute an electronic signature. Because Plaintiff has not pled facts that Defendant executed the agreement, Plaintiff has failed to state facts sufficient enough to bring a cause of action for breach of contract.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a cop
Hearing Date
September 21, 2015
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DEMURRER TO COMPLAINT
Set for hearing on Monday, September 21, 2015, Line 10, DEFENDANT DANIEL CASABONNE'S DEMURRER TO COMPLAINT.
Sustained with leave to amend. Pursuant to CCP 430.10(e), the court will sustain Defendant's demurrer with ten days leave to amend on the grounds that Plaintiff has failed to plead facts which sufficiently establish the existence of a valid contract between the parties. The terms of the Referral Agreement required execution by Defendant. Neither the case law cited by Plaintiff, nor the references to the Uniform Electronic Transactions Act CC ? 1633.1 et seq. support Plaintiff's position that the typed words, "accepted by telephone," constitute an electronic signature. Because Plaintiff has not pled facts that Defendant executed the agreement, Plaintiff has failed to state facts sufficient enough to bring a cause of action for breach of contract.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a cop