Uptain v. Duarte

[1260]

Opinion

FRANSON, P. J.

The Case

Appellant filed a complaint in superior court alleging that respondents breached an oral agreement to sell office furniture. This complaint contained both a cause of action for breach of contract seeking damages in the amount of $2,000 and a cause of action for “bad faith breach of contract” seeking punitive damages in the amount of $30,000 and attorney’s fees.

Respondents moved for partial judgment on the pleadings alleging there was no statutory or written agreement between the parties allowing for attorney’s fees and that the punitive damages requested in count II were inappropriate as a matter of law.

The trial court granted partial judgment on the pleadings which, in effect, dismissed the second cause of action without leave to amend. Finding that the first cause of action remained intact and that the prayer under that cause of action was within the municipal court’s jurisdiction, the trial court ordered the matter transferred to the municipal court.

Appellant moved for reconsideration, and respondents moved for sanctions. Both motions were denied. Appellant appeals “from the granting of the defendants’ Motion for Partial Judgment on the Pleadings and the denial of the plaintiff’s Motion for Reconsideration entered on September 14, 1987.”

The Facts

Since the motion for judgment on the pleadings performs the function of a general demurrer, it admits all material and issuable facts pleaded.

(Barker

v.

Hull

(1987) 191 Cal.App.3d 221, 224 [236 Cal.Rptr. 285].) Thus, this court must deem the following facts alleged in the complaint to be true.

When respondents, practicing attorneys, were vacating an office which appellant, a certified public accountant, was moving into to start an accounting practice, respondents offered to sell the majority of their office furniture and equipment to appellant. Appellant and respondents orally agreed that appellant would buy these items for $2,500.