Cornu v. Norton Community Apartments
Plaintiff and appellant Paul Cornu appeals from a judgment of dismissal following an order granting a motion for judgment on the pleadings in favor of defendants and respondents Norton Community Apartments, L.P., its general partner Social Services & Affordable Housing Corporation (SSAHC), and Paul Saben in this action arising out of an apartment lease agreement. Cornu contends: (1) the complaint adequately alleges a cause of action for promissory fraud or fraud in the inducement; (2) apartment leases are goods under the Consumer Legal Remedies Act (CLRA)(Civ. Code, 1750 et seq.); and (3) the trial court abused its discretion by denying his request to amend his complaint to allege oral misrepresentations. Court conclude the complaint did not allege a misrepresentation. However, on appeal, Cornu has shown that he could amend the complaint to allege oral misrepresentations with specificity. Therefore, Court reverse with directions.
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