P.A.C. Auto Mall v. Finance and Thrift
Plaintiffs P.A.C. Auto Mall, Inc. and Bobby Perales (collectively PAC) appeal from a judgment entered in favor of defendant Finance and Thrift Company (Finance) after Finances demurrer to the first amended complaint was sustained without leave to amend and the trial court denied PACs motions for reconsideration and to set aside the order on the demurrer. PAC claims the trial court erred when it concluded PAC could not state a valid cause of action for breach of contract. PAC also claims the trial court erred in failing to allow it to amend its pleading because it has presented facts which, if alleged, would be sufficient to state a cause of action. While we disagree that the trial court erred in sustaining the demurrer to the first amended complaint, Court agree PAC should have been given leave to amend as to its breach of contract claim. Accordingly, Court reverse the judgment only as to the breach of contract claim.
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