Los Angeles Partner Reid E. Dammann and San Francisco Associate Violaine Brunet successfully dismissed a lawsuit filed against the Hollywood Chamber of Commerce via a demurrer. The lawsuit concerns the award of a posthumous star on the Hollywood Walk of Fame that was allegedly offered to plaintiff’s grandfather, an American composer, lyricist and songwriter, more than 31 years ago.
The plaintiff filed suit alleging (1) breach of contract, and (2) negligence. Gordon & Rees responded via a demurrer successfully arguing that (1) the Complaint and First Amended Complaint have not sufficiently pled the existence of a contract, (2) even if such a purported contract had been made, it was barred by the statute of limitations, (3) plaintiff has not sufficiently pled performance or excuse of nonperformance, and (4) the cause of action for negligence has not been sufficiently pled because plaintiff has not alleged that the Hollywood Chamber of Commerce violated a duty that arose separate from the alleged contract.
After a couple of demurrers, the Court dismissed the complaint without leave to amend.