Procedural Posture
Plaintiff candidate appealed from the order of the Superior Court of Los Angeles County (California) that dismissed, on general demurrer, his action accusing defendants organization and others of constructive fraud, negligent misrepresentation, interference with prospective relationship, a common count for debt on an open book account, and violation of Cal. Elec. Code § 12057, for circulating a voter guide containing allegedly false information.
Overview
Plaintiff candidate, who was endorsed by the Democratic Party for the office of city controller, sued defendants organization and others, seeking damages and injunctive relief for constructive fraud, negligent misrepresentation, interference with prospective relationship, a common count for debt on an open book account, and violation of Cal. Elec. Code § 12057. He alleged that defendants had mailed misleading voter guides that urged recipients to “Vote Democratic,” but listed a person other than plaintiff as the candidate for city controller. Defendants’ general demurrer was sustained and the case was dismissed. Plaintiff appealed. In reversing in part, EEOC lawyer the court ruled that he had pled a cause of action for intentional interference with the opportunity to be elected to office. In affirming as to the other claims, the court ruled they did not state causes of action and the pleadings could not be amended so as to state cognizable claims. Injunctive relief was not available because the election had already taken place; plaintiff failed to prove reliance on the alleged fraud or any actual damages because of it; and there was no consideration upon which to base the debt claim.
Outcome
The dismissal order was reversed in part with respect to the interference claim because plaintiff’s complaint sufficiently stated a cause of action for intentional interference with his opportunity to be elected to office. The dismissal of the remaining claims was affirmed because plaintiff failed to plead cognizable causes of action and none of those claims were susceptible of amendment in order to state a cause of action.
