Judge: Jon R. Takasugi, Case: 25STCV03217, Date: 2025-06-02 Tentative Ruling

Case Number: 25STCV03217    Hearing Date: June 2, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s demurrer is OVERRULED as to the first cause of action, but SUSTAINED, WITH 10 DAYS LEAVE TO AMEND, as to the remaining causes of action. 

            On 2/5/2025, Plaintiff Westprime Systems, Inc. dba Westprime Healthcare (Plaintiff) filed suit against Silver Med Healthcare, LLC and Jose L. Hernandez (collectively, Defendants), alleging: (1) breach of contract; (2) general negligence; (3) fraud; and (4) common counts.

            On 4/28/2025, Defendant demurred to Plaintiff’s Complaint.

Discussion

            Defendant argues that Plaintiff has failed to allege sufficient facts to state a cause of action and that the Complaint is uncertain. 

            After review, the Court disagrees in part, agrees in part.

            As for the first cause of action for breach of contract, Plaintiff alleges that Defendants agreed to pay to lease respiratory requirement from Plaintiff, that Defendants failed to do so, and that they owe no less than $228,156.50 based on their failure to abide by the terms of the contract. Plaintiff attached a Statement identifying each rental, purchase order, and total owed. Given that Plaintiff has sufficiently alleged the terms of the contract, breach of the contract, and damages, this claim is sufficiently pled. Factual determinations related to whether or not the lease expired are not properly made at this stage. Moreover, the attached agreement includes a Guaranty clause. As such, whether or not Jose Hernandez is, in fact, personally liable, is also a factual determination not properly made here.

            As for the negligence and fraud causes of action, these claims are based on identical allegations as the first cause of action, i.e., a failure to pay for the leased respiratory equipment. “A person may not ordinarily recover in tort for the breach of duties that merely restate contractual obligations.” (Stop Loss Ins. Brokers, Inc. v. Brown & Toland Med. Grp. (2006) 143 Cal. App. 4th 1036, 1041 citing Aas v. Superior Court (2000) 24 Cal. 4th 627, 643.) Here, Plaintiff has not alleged any facts which could show fraud or negligence separate and apart from the breach of contract.

            As for the common counts claim, this, too, is redundant of the breach of contract claim as it does not seek any relief or contain any allegations beyond breach of contract.

Finally, motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer, such as words, phrases, and prayers for damages. (See Code Civ Proc., §§ 435-437.) Defendant did move to strike the punitive damages prayer or attorney fees prayer. As such, the Court does not take up these arguments improperly raised through demurrer.

Based on the foregoing, Defendant’s demurrer is overruled as to the first cause of action, but sustained, with 10 days leave to amend, as to the remaining causes of action. 

It is so ordered.

Dated:  June    , 2025

   Hon. Jon R. Takasugi
   Judge of the Superior Court

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