Judge: John J. Kralik, Case: 24NNCV06840, Date: 2025-03-07 Tentative Ruling

Case Number: 24NNCV06840    Hearing Date: March 7, 2025    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations

Plaintiff Robert Hovsepian (“Plaintiff”) filed a PLD-C-001 Form Complaint on December 30, 2024 against Defendants Garnik Mnatsakanyan (“Mnatsakanyan”) and GAM Venture One LLC (“GAM”).  Plaintiff checked off the box stating that he is asserting a breach of contract claim.  (Compl., § 8.)  In section 10, Plaintiff alleged damages in the amount of $55,900 and interest.  The complaint attaches a two-page “Amendment One to Lease.” 

B.     Motion on Calendar

On January 30, 2025, Defendants GAM and Mnatsakanyan filed a demurrer to the complaint.   

The Court is not in receipt of an opposition brief.

REQUEST FOR JUDICIAL NOTICE

            Defendants request for judicial notice of Exhibit A, which includes the complaint filed in this action.  The request is granted.  (Evid. Code, § 452(d).) 

DISCUSSION  

The essential elements of a cause of action for breach of contract are: “(1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff.”  (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) 

Defendants demur to the sole cause of action for breach of contract.  Defendants argue that Plaintiff has not alleged any facts in the complaint, such that it fails to state sufficient facts and is uncertain. 

The complaint lacks any facts regarding the breach at issue.  While a copy of the “Amendment One to Lease” is attached to the form complaint, Plaintiff has not alleged facts that Plaintiff performed under the agreement, that Defendants breached the agreement (the nature of the breach, when the breach occurred, etc.), and how Plaintiff was damaged as a result. 

Thus, the demurrer to the complaint is sustained with leave to amend. 

CONCLUSION AND ORDER

Defendants’ demurrer to the complaint is sustained with 20 days leave to amend.  

Defendants shall provide notice of this order.

DATED: March 7, 2025                                                         ___________________________

                                                                                          John Kralik

                                                                                          Judge of the Superior Court