Judge: Latrice A. G. Byrdsong, Case: 22STLC08540, Date: 2024-02-08 Tentative Ruling

Case Number: 22STLC08540    Hearing Date: February 8, 2024    Dept: 25

Hearing Date:                         Thursday, February 08, 2024

Case Name:                             THE SHERWIN-WILLIAMS COMPANY, an Ohio corporation, v. ANTHONY SANCHEZ, an individual dba COLOR CUSTOM PAINTING; and Does 1 through 100, inclusive

Case No.:                                22STLC08540

Motion:                                   Motion for Judgment on the Pleadings

Moving Party:                         Plaintiff The Sherwin-Williams Company

Responding Party:                   None

Notice:                                    OK

Tentative Ruling:                    Plaintiff The Sherwin-Williams Company’s Motion for Judgment on the Pleadings is GRANTED.

Counsel for Plaintiff is ordered to serve and electronically submit to the Court a proposed form of judgment consistent with the Court’s ruling, within 10 court days.

SERVICE: 

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                      OK

[X] Correct Address (CCP §§ 1013, 1013a)                                      OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                       OK 

OPPOSITION:          None filed as of January 26, 2024                  [   ] Late          [X] None 

REPLY:                     None filed as of February 01, 2024                [   ] Late          [X] None 

BACKGROUND

On December 22, 2022, Plaintiff the Sherwin Williams Company, an Ohio corporation (“Plaintiff”) filed four causes of action against Defendant Anthony Sanchez, an individual dba Color Custom Painting (“Defendant”) for 1) breach of contract; 2) goods sold and delivered/agreed price; 3) open-book account; and 4) account stated.

On March 03, 2023, Defendant filed his Answer to the Complaint.

On November 06, 2023, Plaintiff filed the instant Motion for Judgment on the Pleadings. No opposition was filed.

MOVING PARTY POSITION

Plaintiff prays for the Court to grant its motion on the pleadings and enter judgment in favor of Plaintiff and against Defendant under CCP §438(c). Plaintiff argues that its complaint states sufficient facts to constitute each cause of action alleged and that Defendant’s Answer admits that all statements in the Complaint are true.

OPPOSITION

            No opposition has been filed.

REPLY

            No reply has been filed.

ANALYSIS

I.          Legal Standard

The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters that may be judicially noticed, it appears that a party is entitled to judgment as a matter of law.  (Bezirdjian v. O'Reilly (2010) 183 Cal.App.4th 316, 321-322, citing Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205, 1216.)  Matters which are subject to mandatory judicial notice may be treated as part of the complaint and may be considered without notice to the parties. Matters which are subject to permissive judicial notice must be specified in the notice of motion, the supporting points, and authorities, or as the court otherwise permits. (Id.)  The motion may not be supported by extrinsic evidence. (Barker v. Hull (1987) 191 Cal.App.3d 221, 236.) 

When the moving party is a plaintiff, he or she must demonstrate that the complaint states sufficient facts to constitute a cause of action against the defendant and that the answer does not state sufficient facts to constitute a defense to the complaint. (Code Civ. Proc., § 438, subd. (c)(1)(A).)  

Additionally, a motion for judgment on the pleadings must be accompanied by a meet and confer declaration demonstrating an attempt to meet and confer in person or by telephone, at least five days before the date a motion for judgment on the pleadings is filed. (Code Civ. Proc., § 439.)  

II.        Discussion

            A. Meet and Confer Requirement

Before addressing the merits, the Court notes that the Motion is accompanied by a “meet and confer” declaration as required by Code of Civil Procedure Section 439(a). Here, Plaintiff provides the declaration of its counsel who states that on October 23, 2023, prepared and issued a meet and confer letter to be sent via certified mail, with return receipt requested and via email to Defendant (Lauren B. Stec Decl. ¶ 2; Exh. 1.) Counsel stated that she also called Defendant’s phone number that was on the credit application, however, Defendant did not answer so counsel left a voicemail. (Id. ¶ 3.) Counsel later swears that as of November 03, 2023, Defendant has failed to respond to the request to meet and confer regarding the matter. (Id. ¶ 4.) Here the Court finds that Plaintiff’s declaration satisfies the meet and confer requirement under 439(a).

            B. Cause of Action

Plaintiff brings four causes of action for 1) breach of contract; 2) goods sold and delivered/agreed price; 3) open-book account; and 4) account stated.

To state a cause of action for breach of contract, Plaintiff must be able to establish “(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.)

If a breach of contract claim “is based on alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written agreement must be attached and incorporated by reference.” (Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 307.) In some circumstances, a plaintiff may also “plead the legal effect of the contract rather than its precise language.” (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198-199.)

“A complaint for goods sold, which avers that the defendant is indebted to the plaintiff in a certain sum for goods sold and delivered to him at his request, and that defendant has not paid for the same, states a cause of action.” (Abadie v. Carrillo (1867) 32 Cal. 172.)

“[A]n open-book account is an account with one or more items unsettled. However, even if an account is technically settled, the parties may still have an open-book account, if they anticipate possible future transactions between them. [Citations]” (Reigelsperger v. Siller (2007) 40 C.4th 574, 579 fn.5.)

“The essential elements of an account stated are: (1) previous transactions between the parties establishing the relationship of debtor and creditor; (2) an agreement between the parties, express or implied, on the amount due from the debtor to the creditor; (3) a promise by the debtor, express or implied, to pay the amount due.” (Zinn v. Fred R. Bright Co. (1969) 271 C.A.2d 597, 600.)

Here, Plaintiff alleges in its complaint that the parties entered into a written commercial credit application agreement on July 13, 2020 (“Agreement), pursuant to which Plaintiff agreed to sell and Defendants agreed to buy paint, industrial chemical coatings and related materials and equipment, from Plaintiff on credit. (Compl. ¶¶ 8, 13; Ex.1.) Defendants were to pay Plaintiff by the 20^th Day of the month following receipt of Plaintiff’s goods and a monthly service charge of 1.5% per month would be added to all unpaid balances. (Id.) Plaintiff alleges that it has performed all conditions and obligations meant to be performed on its part. (Id. ¶ 9) Defendant breached the parties’ agreement by failing to pay for any part of the balance due resulting in Plaintiff suffering damages in the amount $1,806.58 plus interest at the agreed rate of 1.5% per month (18% per annum). (Id. ¶¶ 10-11.) The complaint later alleges that Defendant agreed to pay the amount owed but has failed to do so. (Id. ¶¶ 16-17, 19-20.)

Defendant, in his answer, admits that all statements made in the complaint were true with no exceptions noted. (Ans. ¶ 3.) Additionally, Defendant does not provide any affirmative defenses to the Complaint because he leaves blank the section within his answer meant for affirmative defenses. (Ans. ¶ 4.)

 Plaintiff, in its moving papers, argues that Defendant’s answer admits all the allegations made in Plaintiff’s complaint. Plaintiff asserts that Defendant’s lack of defense and outright admission to all the allegations in the Complaint provide no clearer basis for the Court to support judgment on the pleadings.  

Here, the Court finds that Defendant’s Answer does not state sufficient facts to constitute a defense because Defendant’s Answer admits to all of Plaintiff’s allegations and does not raise any affirmative defenses. The Court additionally finds that Plaintiff provides sufficient facts to constitute its causes of action as Plaintiff provides evidence of an agreement between the parties, that Plaintiff performed under the agreement by providing paint, industrial coating, and related materials. Defendant breached when he failed to pay the balance of the credit owed to the Plaintiff. Moreover, Defendant agreed to pay back the balance owed but did not do so.

Therefore, the Court finds that Plaintiff demonstrates that it is entitled to judgment on the pleadings in so far as Plaintiff has alleged facts demonstrating each element to all four causes of action and that Defendant’s Answer does not constitute a defense.

            Accordingly, the Court GRANTS Plaintiff’s Motion for Judgment on the Pleadings.

II.        Conclusion

            Plaintiff’s Motion for Judgment on the Pleadings is GRANTED.

Counsel for Plaintiff is ordered to serve and electronically submit to the Court a proposed form of judgment consistent with the Court’s ruling, within 10 court days.

            Moving party is ordered to give notice.