Judge: Mark E. Windham, Case: 23STLC04678, Date: 2024-05-30 Tentative Ruling

Case Number: 23STLC04678    Hearing Date: May 30, 2024    Dept: 26

Scott, Sr. v. Mason, et al.

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

Defendants Joel Rodney Mason, Delores Marie Allen and Aldina Washington’s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

ANALYSIS:

On July 25, 2023, Plaintiff William Lee Scott, Sr. (“Plaintiff”) filed the Complaint in this action against Defendants Joel Rodney Mason, Delores Marie Allen, and Aldina Washington (“Moving Defendants”). Moving Defendants filed the instant Demurrer to the Complaint on March 12, 2024. No opposition has been filed to date.

Discussion

The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Declarations, filed 02/13/24.) The Demurrer is brought on the grounds that the Complaint fails to allege facts sufficient to state a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) The Complaint alleges causes of action for breach of contract and common counts.

A cause of action for breach of contract must allege “(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.” (D’Arrigo Bros. of California v. United Farmworkers of America (2014) 224 Cal.App.4th 790, 800.) As Moving Defendants point out, the contract attached to the Complaint is between Plaintiff and JRM Builders & Development. (Compl., Exh. A.) There is no showing of an agreement between Plaintiff and Moving Defendants. Therefore, the Complaint does not allege the existence of a contract involving Moving Defendants or their breach of any such agreement.

The cause of action for common counts simply alleges that “Defendants need to pay the city fees for the approved plans to be released,” but does not allege the legal basis for this obligation. (Id. at ¶CC-1(b)(6).) Both causes of action, therefore, fail to allege sufficient facts to state a cause of action against Moving Defendants. The Demurrer to the Complaint is sustained.

Leave to amend the Complaint must be allowed where there is a reasonable possibility of successful amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.) Here, Plaintiff has not filed an opposition demonstrating that the Complaint can be alleged to state a cause of action against these Moving Defendants. Leave to amend is denied.

Conclusion

Defendants Joel Rodney Mason, Delores Marie Allen, and Aldina Washington’s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Moving party to give notice.