Judge: Michael Small, Case: 24STCV04262, Date: 2024-12-06 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.

Case Number: 24STCV04262    Hearing Date: December 6, 2024    Dept: 57

 Defendant's demurrer to the claim for breach of fiduciary duty in Plaintiff's First Amended Complaint is sustained with leave to amend.   The allegation in the First Amended Complaint that the Plaintiff and Defendant orally agreed to form a partnership to purchase real property in Texas does not establish a partnership for purposes of the claim for breach of fiduciary duty.  A joint agreement to purchase property, in and of itself, is insufficient. As this marks the first time that the Court has ruled on a demurrer to the Plaintiff's pleadings, the Court is giving Plaintiff leave to amend the claim for breach of fiduciary duty through a Second Amended Complaint.  It is reasonably possible at this stage for the Plaintiff to cure the pleading defect in the First Amended Complaint.