If you make promises to someone in order to get them to give you money, depending on the circumstances, that can (but does not always) create a contractual relationship, even if the promises themselves or the document they're in don't normally constitute a contract in themselves. Proving the implied terms of the contract can be difficult, but as long as the court believes there may have been such a contract created, we've moved from a question of standing to questions of fact.
I've skimmed the complaint now. There seems to be prima facie evidence of a contract there (though we'll see if the response suggests a lot of context was omitted). I find the Promissary Estoppel COA even more compelling, though. Breach of Fiduciary Duty seems like a stretch using "the public" as a beneficiary class. This isn't really my area, but I'll be mildly surprised if that one doesn't get tossed. Don't know enough about the Unfair Business Practices or CA Accounting requirements to have any opinion whatsoever on those. The Prayer for Relief is wild, but they often are.
I've skimmed the complaint now. There seems to be prima facie evidence of a contract there (though we'll see if the response suggests a lot of context was omitted). I find the Promissary Estoppel COA even more compelling, though. Breach of Fiduciary Duty seems like a stretch using "the public" as a beneficiary class. This isn't really my area, but I'll be mildly surprised if that one doesn't get tossed. Don't know enough about the Unfair Business Practices or CA Accounting requirements to have any opinion whatsoever on those. The Prayer for Relief is wild, but they often are.