Judge: Colin Leis, Case: 23STCV07253, Date: 2024-02-23 Tentative Ruling

Case Number: 23STCV07253    Hearing Date: February 23, 2024    Dept: 74

Takuma Yamamoto v. Johnnie Kennedy Farms, Jr.

Plaintiff’s Demurrer to Defendant’s Answer

BACKGROUND 

            This action arises from a contractual dispute.

            On April 3, 2023, Plaintiff Takuma Yamamoto (Plaintiff) filed a complaint against Defendant Johnnie Kennedy Farms Jr. (Defendant). The complaint alleges one cause of action for breach of contract.

            On September 8, 2023, Defendant filed an answer but titled it “Response to Summons.”

            On October 11, 2023, Plaintiff filed this demurrer to the answer.

LEGAL STANDARD

            “A party against whom an answer has been filed may object, by demurrer […], to the answer upon any one or more of the following grounds: (a) [t]he answer does not state facts sufficient to constitute a defense, (b) [t]he answer is uncertain, (c) [w]here the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral.” (Code Civ. Proc., § 430.20.)

DISCUSSION 

            In support of his demurrer, Plaintiff argues Defendant’s “Response to Summons” is uncertain because Defendant’s handwriting is illegible. The court disagrees but urges Defendant to type his pleadings going forward. Plaintiff also contends Defendant’s “Response to Summons” does not state sufficient facts to support any defense to Plaintiff’s cause of action for breach of contract. But Defendant appears to assert Plaintiff also breached the parties’ contract. (Answer, p. 1:4.) To prevail on a breach of contract claim, the plaintiff must be free from substantial default. (See Pry Corp. of America v. Leach (1960) 177 Cal.App.2d 632, 639-640.) Thus, Defendant has raised Plaintiff’s failure to perform under the contract as a defense. Last, Plaintiff claims Defendant’s answer is uncertain because he labeled it as a “Response to Summons” rather than a “Response to the Complaint.” But Defendant clarifies he is responding to the complaint. (Answer, p. 1:2.)

CONCLUSION 

The court overrules Plaintiff’s demurrer to the answer.

Plaintiff shall give notice.