Christopher R. Erwin v. James Eby
Published: Oct. 29, 2016 | Result Date: Oct. 6, 2016 | Filing Date: Jan. 1, 1900 |Case number: 30-2016-00857097-CU-BC-CJC Demurrer – Defense
Court
Orange Superior
Attorneys
Plaintiff
Christopher R. Erwin
(Erwin Legal PC)
Defendant
Aaron P. Morris
(Morris & Stone LLP)
Facts
Christopher Erwin sued James Eby, in connection with a contractual dispute.
Contentions
PLAINTIFF'S CONTENTIONS:
The parties allegedly entered into a contract on Dec. 5, 2013. Under the contract, plaintiff was to represent defendant in professional services in exchange for 10 percent of any net proceeds from Edward L. Duggs Jr.'s life insurance policy. After performing all his duties, defendant reneged on his promise by disputing the amount due under the parties' agreement, thereby prompting this instant lawsuit alleging breach of contract.
DEFENDANT'S CONTENTIONS:
Defendant demurred, challenging the sufficiency of plaintiff's allegations.
Result
The court sustained Eby's demurrer with leave to amend.
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