William Mooneyham., et al. vs Steve Mooneyham., et al.

25CV-01878 William Mooneyham., et al. vs Steve Mooneyham., et al.

Demurrer

Defendants’ general demurrer to Plaintiffs’ third amended complaint is OVERRULED.

On demurrer, the court permits less particularity where the material facts lie more in the knowledge of the defendant, so long as the complaint alleges ultimate facts supporting each element and gives fair notice.

Defendants’ demurrer to the first cause of action is OVERRULED.

Here, the third amended complaint pleads the core statutory elements of financial elder abuse. Accordingly, the Plaintiffs allege sufficient facts to constitute a cause of action for financial elder abuse regarding real property.

Defendants’ demurrer to the second cause of action is OVERRULED.

As with the first cause of action, the second cause of action pleads the core statutory elements of financial elder abuse. Accordingly, the Plaintiffs allege sufficient facts to constitute a cause of action for financial elder abuse regarding personal property.

Defendants’ demurrer to the third cause of action is OVERRULED.

The Plaintiffs allege sufficient facts to constitute a cause of action for breach of fiduciary duty.

Defendants’ demurrer to the fourth cause of action is OVERRULED.

The Plaintiffs allege sufficient facts to constitute a cause of action for constructive fraud.

Defendants’ demurrer to the fifth cause of action is OVERRULED.

The Plaintiffs allege sufficient facts to constitute a cause of action for conversion.

Defendants’ demurrer to the sixth cause of action is OVERRULED.

The Plaintiffs allege sufficient facts to constitute a cause of action for quiet title.

Defendants’ demurrer to the seventh cause of action is OVERRULED.

The Plaintiffs allege sufficient facts to constitute a cause of action for unjust enrichment.

Defendants’ demurrer to the eighth cause of action is OVERRULED.

The Plaintiffs allege sufficient facts to constitute a cause of action for accounting of the trust.

Defendants’ demurrer to the ninth cause of action is OVERRULED.

The Plaintiffs allege sufficient facts to constitute a cause of action for breach of the trust agreement.