Does a judgment of dismissal need to be reversed or remanded to the trial of a cause of action for inducing a breach of fiduciary duties?

California, United States of America


The following excerpt is from L.A. Mem'l Coliseum Comm'n v. Insomniac, Inc., 182 Cal.Rptr.3d 888, 233 Cal.App.4th 803 (Cal. App. 2015):

Although plaintiffs did not plead a cause of action for inducing a breach of fiduciary duties, they argue that they alleged sufficient facts to support such a claim. Because we are reversing the judgment of dismissal and remanding the matter to the trial court, we do not need to resolve this issue. (See Genesis Environmental Services v. San Joaquin Valley Unified Air Pollution Control Dist. (2003) 113 Cal.App.4th 597, 603, [6 Cal.Rptr.3d 574] [in ruling on a demurrer, our inquiry ends and reversal is required once we determine a complaint has stated a cause of action under any legal theory].) Instead, the issue should be raised with the trial court in a motion for leave to amend the operative complaint to state a cause of action for inducing a breach of fiduciary duties.

[182 Cal.Rptr.3d 914]

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