Mortarino v. Consultant Engineering Services, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that the trial court did not err in sustaining a demurrer but reversing denial of leave to amend the defective pleading
• finding that the trial court did not err in sustaining a demurrer but reversing denial of leave to amend the defective pleading
• relying primarily on the lack of prejudice to find that the trial court abused its discretion in denying leave to amend
• suggesting that a fraudulent inducement claim may proceed against a non-party to the contract where a party pleads, “with the requisite degree of particularity, facts which support all the elements of a cause of action for . . . fraud”
• rejecting a claim for constructive fraud because the plaintiff “failed to plead, with the requisite degree of particularity, facts which support all the elements of [the] cause of action”
• relying primarily on the lack of prejudice to find that the trial court abused its discretion in denying leave to amend where proffered amendments were not legally futile

Source: CourtListener parenthetical corpus (CC0).