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Background Facts: Your firm has a new client, Ms. Mopez Baffleck, who has just been sued in California State Court, County of Los Angeles. The

Background Facts:

Your firm has a new client, Ms. Mopez Baffleck, who has just been sued in California State Court, County of Los Angeles. The Complaintthe initiating document setting forth the plaintiff's facts supporting his lawsuitstates that Ms. Mopez Baffleck had a legal obligation to perform at the plaintiff's wedding this past summer. The facts allege:

  • The plaintiff is a fan of Ms. Mopez Baffleck, was following her on social media, and he posted the following comment on one of her photos: "OMG, I love you! Will you please perform at my wedding!??"
  • Mopez Baffleck responded: "That's so sweet, I would love to! I wish I could perform for all of my wonderful fans!"
  • The plaintiff tried to contact Ms. Mopez Baffleck again to confirm details, but Ms. Mopez Baffleck did not respond.
  • Mopez Baffleck did not show up to the Plaintiff's wedding to perform.
  • Plaintiff relied on Ms. Mopez Baffleck's reply comment, did not hire any other entertainment for his wedding, had told all of his family and friends that Ms. Mopez Baffleck would be performing, and was extremely disappointed and embarrassed when she did not turn up. Plaintiff's then-fianc left him upon discovering Ms. Mopez Baffleck would not be coming.

The Plaintiff claims that based on these facts, Ms. Mopez Baffleck breached her agreement to perform at his wedding and that he suffered damages in the amount of $20 million dollars. There is one single cause of action for breach of contract.

The supervising attorney wishes to challenge the complaint and wants Ms. Mopez Baffleck's first response to the complaint to be a demurrer. The attorney believes that the complaint fails to state of cause of action for breach of contract. The attorney thinks that based on what the plaintiff alleges, there could have been no legally enforceable agreement even if everything the plaintiff alleged was true. The attorney notes that the plaintiff identifies no written contract, nor any consideration given to secure the performance (such as giving anything in exchange like a payment), among other potential defects. The attorney asks for your assistance.

Part 1: Researching Background of Law In New Legal Area

Question 1: What is a demurrer?

  • Look to California State law since this is a California State Law case filed in the Los Angeles Superior Court of the California State Court.
  • Remember that a demurrer would be a procedural law since it involves a method to challenge a lawsuit in court.

Part 2: Researching And Applying Specific Procedural Law

Question 2:Based on the facts and attorney's strategy given, what would be the applicable grounds for demurrer and why? Also provide proper legal citation.

Part 3: Researching And Applying Specific Substantive Law

Question 3: What are the elements for a California breach of contract claim, and does the plaintiff allege in his complaint a valid breach of contract claim against the client?

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