Judge: James A. Mangione, Case: 37-2022-00004688-CU-BC-CTL, Date: 2023-08-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 10, 2023

08/11/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2022-00004688-CU-BC-CTL MARTINEZ VS QUALITY CHEVROLET OF ESCONDIDO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Hidden Valley Investments, Inc.'s Demurrer is overruled in part and sustained without leave to amend in part.

First Cause of Action The demurrer to the first cause of action for breach of contract/breach of covenant of good faith and fair dealing is sustained with leave to amend. In order to state a claim for breach of contract, the complaint must allege facts showing (1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff. (Oasis West Realty, LLC v. Goldman (2011) 51 Cal. 4th 811, 821.) Here, Plaintiff alleges that the invoices attached to the Third Amended Complaint ('TAC') represent written contracts evidencing that Plaintiff would pay for the repair work detailed in the invoices and Defendant would perform the repair work to industry/acceptable standards. The TAC then alleges that Defendant breached by failing to repair the vehicle. This is sufficient to allege a cause of action for breach of contract, and the demurrer is overruled as to this cause of action.

To the extent that the first cause of action is attempting to assert an independent cause of action for breach of good faith and fair dealing, the demurrer is sustained without leave to amend on that claim. 'A breach of the implied covenant of good faith and fair dealing involves something beyond breach of the contractual duty itself and it has been held that bad faith implies unfair dealing rather than mistaken judgment.' (Careau & Co. v. Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1394 (alterations and quotation marks omitted).) Here, Plaintiff has not alleged conduct by Defendant independent of its purported contractual breaches.

Second Cause of Action The demurrer to the second cause of action for breach of warranty is sustained without leave to amend.

The invoices attached to the TAC use the term 'warranty' in the area denoting payment and/or indicate that repairs were done 'beyond warranty.' This implies that the work was conducted under a prior warranty, not that the invoices themselves constitute a warranty. As the invoices are contacts, not warranties, the demurrer on this cause of action is sustained without leave to amend.

-- Defendant Hidden Valley Investments, Inc.'s Motion to Strike is granted.

There is no contractual or statutory basis identified in the Third Amended Complaint to support recovery of attorney's fees. Furthermore, 'damages are not recoverable for mental suffering or injury to reputation Calendar No.: Event ID:  TENTATIVE RULINGS

2992489  4 CASE NUMBER: CASE TITLE:  MARTINEZ VS QUALITY CHEVROLET OF ESCONDIDO  37-2022-00004688-CU-BC-CTL resulting from breach of contract' (O'Neil v. Spillane (1975) 45 Cal.App.3d 147, 159.) The minute order is the order of the Court.

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