Borhan v. Bassis CA2/2
Appellant Payman Borhan (appellant) is a state prisoner serving an indeterminate term of 15 years to life following his conviction on two counts of lewd acts with a child under 14 years of age. Appellant appeals from a judgment entered after the trial court sustained a demurrer to appellant’s complaint against his former attorney, Lisa Bassis (respondent) without leave to amend. The operative complaint alleged causes of action for professional negligence, intentional tort, fraud, breach of contract, and breach of fiduciary duty. The trial court found the causes of action for negligence, breach of contract, breach of fiduciary duty, and intentional tort to be time barred. Alternatively, these causes of action failed because appellant failed to allege factual innocence. The court further found that appellant had not stated a cause of action for actual fraud because he failed to allege with particularity a misrepresentation or reliance.
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