CITY OF CARMEL-BY-THE-SEA’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT, MEMORANDRUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF: GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant. Case No . M130393 SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY

ABSTRACT: RE: GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant. Case No . M130393 SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY, CITY OF CARMEL-BY-THE-SEA’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT, MEMORANDRUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF (February 5, 2015) document copy is embedded. Defendant CITY OF CARMEL BY THE SEA hereby demurs to the Complaint for Damages on the following grounds:

DEMURRER TO THE FIRST CAUSE OF ACTION:

BREACH OF CONTRACT

1. The First Cause of Action for Breach of Contract does not state facts sufficient to constitute a cause of action. Cal. Code Civ. Proc. § 430.1 0( e). ·

DEMURRER TO THE SECOND CAUSE OF ACTION:

INDUCING BREACH OF CONTRACT

 2. The Second Cause of Action for Inducing Breach of Contract does not state facts sufficient to constitute a cause of action. Cal. Code Civ. Proc. § 430.1 0( e).

DEMURRER TO THE THIRD CAUSE OF ACTION:

NEGLIGENT INTERFERANCE WITH A PROSPECTIVE ADVANTAGE

3. The Third Cause of Action for Negligent Interference with prospective Advantage  does not state facts sufficient to constitute a cause of action. Cal. Code Civ. Proc. § 430.10(e).

CONCLUSION

For the reasons stated above, Defendant City of Carmel respectfully requests that the Court sustain Defendant's demurrer to Plaintiff's complaint without leave to amend for the following reasons:

1. The First Cause of Action for Breach of Contract does not state facts sufficient to constitute a cause of action. Cal. Code Civ. Proc. § 430.10(e).

2. The Second Cause of Action for Inducing Breach of Contract does not state facts sufficient to constitute a cause of action. Cal. Code Civ. Proc. § 430.10(e).

3. The Third Cause of Action for Negligent Interference with prospective Advantage does not state facts sufficient to constitute a cause of action. Cal. Code Civ. Proc. § 430.10(e).

City of Carmel Notice of Demurrer and Demurrer to Plaintiff's Complaint; Memo of p&a 02-05-15 (m13...

CITY OF CARMEL-BY-THE-SEA’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT, MEMORANDRUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF
GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant.
Case No. M130393
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY