Judge: Craig Griffin, Case: "Gottschling v. Willard Marine, Inc., et. al.", Date: 2022-11-28 Tentative Ruling

The Demurrer by Global Emerging Markets to the second cause of action for breach of oral contract in plaintiff’s Complaint is SUSTAINED without leave to amend.

The second cause of action alleges that the Global Emerging Markets made an oral promise to plaintiff to pay the debts owed by Willard Marine, Inc. and failed to fulfill that promise.

California Civil Code section 1624(a)(2) provides:   “(a) The following contracts are invalid, unless they, or some note or memorandum thereof, are in writing and subscribed by the party to be charged or by the party’s agent…(2) A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in Section 2792.”

Since Plaintiff has alleged a breach of an oral contract wherein Global Emerging Markets had promised to answer to the debt of another, this action is barred by the statute of frauds.

Plaintiff has not filed an opposition which suggests that Plaintiff concedes it has merit and has abandoned the claim. (See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 [plaintiff’s failure to oppose demurrer to portion of COA and then to submit any argument on the issue on appeal deemed abandonment of issue])

The Court orders moving party to give notice of this ruling.