Hopkins v. Mack
In this action for damages for fraud in the sale of health insurance, the trial court sustained the demurrer of defendants and respondents Phil Quinn (Quinn), Quinn Division, David Mack (Mack), and Mack Region (collectively, the demurring defendants) to all causes of action against them contained in plaintiff and appellant Jerry T. Hopkinss first amended complaint (FAC). As Hopkins waived his right to amend, the trial court sustained the demurrer without leave to amend and entered a judgment of dismissal with prejudice. Hopkins contends he sufficiently pleaded the demurring defendants were liable for damages based on coconspirator liability. Court hold the FAC fails to allege facts sufficient to impose liability on the demurring defendants on a conspiracy theory and accordingly affirm the judgment.
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