Judge: Curtis A. Kin, Case: 22STCV16247, Date: 2022-09-08 Tentative Ruling

Case Number: 22STCV16247    Hearing Date: September 8, 2022    Dept: 72

DEMURRERS (2)

Date:      9/8/22 (9:30 AM)                   

Case:     Edmond Durham v. Jose P. Laguna et al. (22STCV16247)

TENTATIVE RULING:

Defendants Jose P. Laguna and Jose P. Laguna Trust’s Demurrers to Complaint are OVERRULED.

Defendants Jose P. Laguna and Jose P. Laguna Trust argue that the complaint does not state whether the contract was written, oral, or implied by conduct, as is required for actions based on contract under CCP § 430.10(g). However, in section BC-1 of the Complaint, plaintiff indicates that the contract was oral.

Defendants also argue that plaintiff did not set forth the relevant terms of the contract. However, plaintiff alleges that, in exchange for plaintiff’s performance of management duties for the apartment building for no cost and to use his own funds for the upkeep of the building, defendants would give plaintiff the right to purchase an apartment building when they were in a position to sell the property. (Compl. BC-1.)

Defendants argue that any agreement to sell real property must be in writing. However, defendants do not provide any support for this proposition. Arguments without any legal authority are without merit. (Kensington University v. Council for Private Postsecondary etc. Education (1997) 54 Cal.App.4th 27, 42-43.)  In any event, even if a writing were required for a right of first refusal to purchase real property (see Smyth v. Berman (2019) 31 Cal.App.5th 183, 197), such an agreement may be enforceable if the party seeking to enforce partly performed and relied upon the agreement.  (See Secrest v. Security Nat. Mortg. Loan Trust 2002-2 (2008) 167 Cal.App.4th 544, 555.)  Here, making all inferences in favor of plaintiff on demurrer, plaintiff sufficiently alleges that, in furtherance of the agreement, he “agreed to become the manager [sic] of the building as well [sic] for no cost and use his own funds for the upkeep of the building.”  (Compl. BC-1.)

The demurrers are OVERRULED.

Ten (10) days to answer.