GOLDEN STATE WARRIORS, LLC, IN ITS CAPACITY AS VS. BAUMAN LANDSCAPE & CONSTRUCTION, INC. ET AL

Set for Law and Motion/Discovery Calendar on Wednesday, August 20, 2025, Line 3. 1 - CROSS DEFENDANTs BAUMAN LANDSCAPE & CONSTRUCTION, INC., ANGELA BAUMAN, and MICHAEL BAUMAN DEMURRER to CROSS COMPLAINT.

Cross-defendants Bauman Landscape & Construction, Inc., Michael Bauman and Angela Bauman's demurrer to the second, fourth and fifth causes of action in the cross-complaint filed by cross-complainant Bay Area Concrete LLC is sustained with ten calendar days leave to amend as to all three causes of action.

The second cause of action for breach of the implied covenant fails to allege any breach of an implied term and is entirely duplicative of the breach of oral contract claim. The fourth cause of action for conversion fails to allege any wrongful act apart from the alleged breach of oral contract and thus, as currently alleged, is not cognizable per the economic loss rule. The fifth cause of action for fraud fails to allege either a claim for promissory fraud or fraud by concealment. A promissory fraud claim fails because no facts are alleged showing lack of intent to perform the alleged false promise.

A claim for fraud by concealment fails because the allegedly concealed facts (the Baumans' failure to perform their contract with GSW and their contract with GSW forbid the Baumans' contract with BAC) are not material given BAC's allegation that the Baumans received all event tickets that they allegedly agreed to transfer to BAC.

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