I was recently sued by FIA cardservices for allegedly guaranteeing a corporate credit card. They did NOT provide any agreement, guarantee, or other document with my signature. (Not even original application from company applying for car. Nothing signed by anyone at all.)
My plan was to file a demurrer based on statute of frauds. CCP S 430.10(e). I'm looking for some help with specific case law or language for my demurrer. Any suggestionsNot sure I understand or agree with Mr. Gesner's answer. My reading of the Statue of Frauds and specific causes for demurrer lead me to a different conclusion. I've also seen some solid examples of other filings using the same point for a demurrer. Please explain how/where they are exempt from included an alleged agreement, and are subsequently exempt form Statue of Frauds laws. ------------- A note ot Ms Wolk's answer: Interestingly, they DO NOT claim that there is a contract between us, simply that I "agreed to personally guarantee the debt of XY corp." No documentation or proof of that guarantee is provided.