Albertoni v. McNerney CA2/1
Diane Albertoni sued Green Hills Memorial Park for breach of contract, alleging Green Hills fraudulently entered into and “tortiously breached” two contracts for the sale of family burial crypts and negligently caused the family emotional distress by failing to provide a suitable resting place for the remains of Albertoni’s father, Richard Albertoni (Richard). After several rounds of demurrer the trial court ultimately dismissed the complaint after finding its allegations were vague and failed to state any cause of action.
We conclude that Albertoni failed to allege her standing to sue under a contract entered into by Richard, and failed to allege any compensable damages arising from breach of the contract entered into by her. We therefore affirm the judgment.
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