Judge Erick L. Larsh, Case 2022-01276308 2023-07-27 Tentative Ruling

Judge: Erick L. Larsh, Case: 2022-01276308, Date: 2023-07-27 Tentative Ruling

Defendants Stanton Assisted Living, LLC’s and USS Cal Builders, Inc.’s Demurrer to Plaintiff’s Second Amended Complaint (“2ndAC”) is sustained with land without leave to amend. (See Code Civ. Proc. § 430.10, subd. (e).)

2nd Cause of Action. The 2^nd AC fails to adequately allege facts showing that plaintiff acted pursuant to an express or implied request for services by the defendant and that the services rendered benefited the defendant.

5th Cause of Action. “There is no cause of action for unjust enrichment”. (See Levine v. Blue Shield of California (2010) 189 Cal.App.4th 1117, 1138; Durell v. Sharp Healthcare (2010) 183 Cal.Ap.4th 1350, 1370.) the demurrer as to the 5th cause of action is sustained without leave to amend.

6th Cause of Action. 2ndAC fails to adequately allege facts showing the validity of the lien and the date of completion of the work.

Plaintiff to file an amended complaint, if any, within ten days.

Defendant is ordered to give notice