SUPERIOR COURT OF CALIFORNIA 

COUNTY OF LOS ANGELES 

 

DEPARTMENT 71 

 

TENTATIVE RULING 

 

 

Defendant Greystar Management Services LP’s unopposed demurrer to Plaintiff Doe’s complaint is sustained with 20 days leave to amend. 

 

Defendant Greystar Management Services LP’s (“Greystar”) (“Defendant”) demurs unopposed to the to the complaint (“Complaint”) of Plaintiff Doe (“Doe”) (“Plaintiff”).  (Notice Demurrer, pg. 1.)  

 

Meet and Confer 

Before filing a demurrer, the demurring party must meet and confer in person, by telephone, or by video conference with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the pleading and obviate the need for filing the demurrer.  (C.C.P. §430.41(a).) 

Defendant’s counsel filed a declaration stating she discovered via the online attorney portal that Plaintiff “Doe” is Jerome Eady in the subsequent filing of the proof of service.  (See Decl. of Cardoso ¶4.)1  Defendant’s counsel declares she has previously been in contact with Jerome Eady for prior litigation/landlord tenant issues and had his email address.  (Decl. of Cardoso ¶4.)  Defendant’s counsel declares that on January 17, 2024, I emailed Defendant Jerome Eady seeking to meet and confer on the complaint ahead of filing the instant demurrer and asked for Jerome Eady’s phone number.  (Decl. of Cardoso ¶¶6, 12.)  Defendant’s counsel declares she received no response.  (Decl. of Cardoso ¶7.)  Defendant’s counsel declares she sent additional emails to Jerome Eady on January 23, 2024, and on January 30, 2024, to which she also received no response, and has not had any further opportunities to discuss the merits of the Complaint with Jerome Eady.  (Decl. of Cardoso ¶¶8-13.)  Defendant’s counsel’s declaration substantially complies with the requirement to meet and confer, given the circumstances presented here.  Therefore, the Court will consider Defendant’s demurrer. 

 

Procedural Background 

Plaintiff filed his complaint on December 13, 2023, against Defendant alleging a single cause of action for breach of contract.2 

Defendant filed the instant demurrer on March 12, 2024.  As of the date of this hearing no opposition has been filed.  

 

Summary of Allegations 

Plaintiff alleges he entered into a written agreement with Defendant on March 28, 2022, and the essential terms of the agreement are to provide a luxury apartment rental.  (See Complaint ¶BC-1.)  Plaintiff alleges Defendant breached the agreement by providing an uninhabitable apartment.  (Complaint ¶BC-2.)   

Plaintiff alleges he has performed all obligations to the Defendant except those he was prevented or excused from performing.  (Complaint ¶BC-3.)  Plaintiff alleges he suffered damages legally (proximately) caused by Defendant’s breach of the agreement by overcharging rent, damaging his wheelchair, and “emotional distress.”  (Complaint ¶BC-4.)   

Plaintiff prays for damages of $1,000,000,000.00, attorney’s fees according to proof, a penthouse for 1,000 years, and unlimited rental cars.  (Complaint ¶¶10a, c, d.)   

 

Summary of Demurrer 

Defendant demurs to the 1st cause of action in the Complaint on the basis the cause of action fails to state facts sufficient to constitute causes of action against it.  (Demurrer, pg. 3.) 

 

Failure to State a Cause of Action 

Breach of Contract (1st COA) 

“To prevail on a cause of action for breach of contract, the plaintiff must prove (1) the contract, (2) plaintiff’s performance of the contract or excuse for nonperformance, (3) defendant’s breach, and (4) resulting damage to the plaintiff.” (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) 

Although a written contract is usually pleaded by alleging its making and attaching a copy which is incorporated by reference, a written contract can also be pleaded by alleging the making and the substance of the relevant terms. (Construction Protective Services, Inc. v. TIG Specialty Insurance Co. (2002) 29 Cal.4th 189, 198-199; Perry v. Robertson (1988) 201 Cal.App.3d 333, 341.) 

Plaintiff fails to allege the substance of the relevant terms in lieu of attaching a copy of the contract.  (Construction Protective Services, Inc., 29 Cal.4th at pgs. 198-199.)  Plaintiff also fails to allege the date of the alleged breach of the agreement.  (See Complaint ¶BC-2.) 

Accordingly, Defendant’s demurrer to Plaintiff’s 1st cause of action is sustained with 20 days leave to amend. 

 

Conclusion 

Defendant’s unopposed demurrer to Plaintiffs’ Complaint is sustained with 20 days leave to amend as to the 1st cause of action. 

Moving Party to give notice. 

 

Dated:  April _____, 2024