Clasby v. McColm. On January 28, 2010, the Second Appellate District affirmed a judgment of dismissal, which was entered after our demurer to Plaintiff's 3rd amended complaint was sustained without leave to amend. The case involved a farmers' market from which one of the vendors had been excluded because she refused to pay rent in cash after having bounced several rent checks. The excluded vender sued the owner and operator of the market claiming that she was a joint venturer in the market, and that her exclusion was a breach of fiduciary duty. The trial court determined not only that the vendor had not alleged sufficient facts to support the joint venture theory, but also that facts alleged in prior versions of her complaint, which she omitted from later versions, precluded such a finding as a matter of law. The Court of Appeal agreed in all respects.
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