Sanctuary Merced v. Central Presbyterian Church
Plaintiff and its attorney appeal from an order imposing sanctions on the attorney for filing a second amended complaint which the court concluded was not supported by an evidentiary basis for the factual allegations it contained. Appellants assert there was a sufficient evidentiary basis in the declarations signed by plaintiffs members and in the verified allegations of the second amended complaint itself. Appellants also argue that the court erred in sustaining without leave to amend the demurrer to the breach of trust cause of action of the first amended complaint. We reverse the order imposing sanctions against plaintiffs attorney; Court find the order sustaining the demurrer to the breach of trust cause of action is beyond the scope of this appeal.
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