Syber Sales & Marketing v. Cal. Building and Remodeling
Syber Sales & Marketing, Inc. (Syber Sales) filed a cross-complaint alleging breach of contract against MBS Brawn, LLC (MBS Brawn) (first cause of action); negligence against MBS Brawn, SMS.AC, Inc. (SMS.AC) and California Building & Remodeling, Inc. (California Building & Remodeling) (second cause of action); intentional bad faith breach of provision of quiet enjoyment against MBS Brawn and SMS.AC (third cause of action); and breach of contract against SMS.AC (fourth cause of action). SMS.AC and California Building & Remodeling (codefendants) filed demurrers. The trial court entered a judgment of dismissal, following its order sustaining a demurrer without leave to amend the cross-complaint. Syber Sales appeals the dismissal of only the negligence cause of action, contending the cross-complaint set forth sufficient ultimate facts regarding the codefendants' negligence to withstand demurrer; or, alternatively, the trial court should have granted leave to amend the cross-complaint. Court reverse with directions.
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