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Case Dismissed on Demurrer and Prevailed on Appeal


The Los Angeles Superior Court and the Second Appellate District found in favor of OLG’s client in a case where Plaintiff filed a complaint against a cemetery alleging fraud and negligence in relation to the sale of crypts. Plaintiff’s complaint asserted eight causes of action for negligence, breach of contract, fraud, declaratory relief, specific performance, bad faith breach of contract, and reformation. Several demurrers filed on behalf of the cemetery secured dismissals as to all eight causes of action in the complaint.

Plaintiff appealed but the Second Appellate District, in a de novo examination of the pleadings, affirmed the trial court’s ruling on the appellate brief submitted on behalf of the cemetery. Plaintiff then sought review in the California Supreme Court, which was answered by OLG convincing the Court that the case was not worthy of consideration, ultimately prevailing on behalf of OLG’s client with costs awarded on behalf of OLG’s client.

Joel Witzman wrote the winning appellate brief.