Tucker v. PNC Bank CA2/7
Fred Tucker (“Tucker”), individually and as trustee of the Zula Tucker Living Trust, filed this action on April 17, 2015 for breach of written contract against PNC Bank, N.A. He appeals from the trial court’s judgment of dismissal after an order sustaining PNC’s demurrer without leave to amend.
Tucker argues the trial court erred in ruling he did not state a claim for breach of contract because (1) Tucker did not allege the existence of a contractual relationship with PNC, (2) Tucker did not allege he performed under the contract, and (3) the four-year statute of limitations barred his breach of contract cause of action. We agree with Tucker on (1), (2), and, in part, (3). We reverse the judgment and direct the trial court to give Tucker leave to amend to allege, if he can, a breach of contract cause of action based on breaches within four years of the commencement of this action.
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