Judge: Colin Leis, Case: 22STCV36022, Date: 2023-08-04 Tentative Ruling

Case Number: 22STCV36022    Hearing Date: August 11, 2023    Dept: 74

Saladin Elmohammed v. Brookfield Properties Multifamily, LLC

Demurrer.

The court considered the moving papers. No opposition was filed.

BACKGROUND 

            This action arises from a dispute between a landlord and a tenant.

            In December 2022, Plaintiff Saladin Elmohammed filed a complaint against Defendant Brookfield Properties Multifamily, LLC. In the complaint, Plaintiff alleged breach of contract and defamation. On February 14, 2023, Defendant filed this demurrer.

DISCUSSION 

Breach of Contract

            The elements for breach of contract include the defendant’s breach. (Lortz v. Connell (1969) 273 Cal.App.2d 286, 290.) Defendant correctly notes Plaintiff has not identified the contractual term that Defendant’s employee allegedly breached. The court thus sustains the demurrer to the breach of contract cause of action with leave to amend.

Defamation

            Defendant correctly notes that Plaintiff has not identified the third-party to whom the allegedly slanderous statement and libelous writing were published. (Live Oak Publishing Co. v. Cohagan (1991) 234 Cal.App.3d 1277, 1284 [“A libelous statement is not actionable until it has been published to a third person.”].) The court thus sustains the demurrer to the defamation cause of action with leave to amend.

CONCLUSION 

            The court sustains the demurrer in its entirety with leave to amend. Plaintiff must file his first amended complaint within 30 days of this order.

            Defendant shall give notice.