Dailey v. Sunset Hills Trust Estate

Mr. PRESIDING JUSTICE JONES

delivered the opinion of the court:

Plaintiff filed a complaint as a class action seeking damages for breach of contract and for pain and mental suffering allegedly caused by defendant’s failure to perform certain portions of a contract which had been entered into by Frank Dailey, and others, and defendant. During a hearing on defendant’s motion to dismiss, plaintiff amended the complaint by substituting for the prayer for damages for breach of contract a prayer for an injunction against future breaches of contract by defendant and for a determination of amounts due…