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Promise without intent to perform. Defendant made a
promise about a material matter without any intention
of performing it as follows:
Defendant promised to repay plaintiff for money lent to
him and paid for his benefit and on his behalf, by
plaintiff. Plaintiff would not have lent defendant
money, nor paid money for his benefit if plaintiff had
known that defendant did not intend to repay plaintiff.
Defendant was to repay plaintiff upon his graduation
from law school. Plaintiff is informed and believes
that defendant has graduated from law school.
Defendant has failed and refused to repay plaintiff.
Plaintiff, Donna Wold, discovered defendant’s intention
not to perform within the last year.
In justifiable reliance upon defendant’s conduct, plaintiff
was induced to act as follows:
Plaintiff lent money to defendant and paid money for
the benefit, and on behalf of, defendant in the total
sum of $50,978.
Because of plaintiff’s reliance upon defendant’s
conduct, plaintiff has been damaged in the sum of $50,978.
Fourth Cause of Action - Conversion
Plaintiff, Donna Wold, alleges that defendant, Richard O.
Berge, was the legal (proximate) cause of damages to
plaintiff. By the following acts or omissions to act,
defendant intentionally caused the damage to plaintiff on or
about a date uncertain at this time, discovered within 1
year, at Orange County, California.
Defendant converted a coin collection belonging to, and in
the custody and control of plaintiff. Defendant converted
said coin collection to his own use without the permission
or consent or knowledge of plaintiff. Defendant has failed
and refused to return the coin collection to plaintiff or
its reasonable value of $18,000 despite demand therefore.
Plaintiff is informed and believes and thereon alleges that
defendant has sold the coin collection and has retained
and/or spent the proceeds for his own use or benefit.
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Last modified: May 25, 2011