Judge: Matthew C. Braner, Case: 37-2023-00011500-CU-BC-CTL, Date: 2024-01-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 04, 2024

01/05/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2023-00011500-CU-BC-CTL MURRAY VS KA KANSAS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants KA Kansas LLC and Prime Asset Management's demurrer to the first amended complaint is SUSTAINED.

Defendant's motion to strike is GRANTED.

A demurrer shall be sustained if the pleading 'does not state facts sufficient to constitute a cause of action.' (Code Civ. Proc., § 430.10, subd. (e).) To test the sufficiency of a cause of action, the court treats as true 'all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.' (Centinela Freeman Emergency Medical Associates v. Health Net of California, Inc. (2016) 1 Cal.5th 994, 1010.) The court may also consider matters that have been judicially noticed. (Id.) The court shall give the complaint a 'reasonable interpretation, reading it as a whole and its parts in their context.' (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Here, Defendants demur to the second cause of action for breach of contract on the basis that Plaintiffs have failed to adequately allege which of their respective leases are written, which are oral, and which terms of each contract were purportedly breached by Defendants. 'To establish a cause of action for breach of contract, the plaintiff must plead and prove (1) the existence of the contract, (2) the plaintiff's performance or excuse for nonperformance, (3) the defendant's breach, and (4) resulting damages to the plaintiff.' (Maxwell v. Dolezal (2014) 231 Cal.App.4th 93, 97-98.) 'When an action is 'founded upon a contract,' the complaint is subject to demurrer if 'it cannot be ascertained from the pleading whether the contract is written, is oral, or is implied by conduct.'' (Id. at pp. 98-99 (quoting Code Civ. Proc., § 430.10, subd. (g).) Here, particularly in light of the multitude of plaintiffs (23), Plaintiffs cannot stand on their generalized allegation that 'plaintiffs herein are parties to oral or written leases with the Defendants' (FAC, ¶ 35) to survive demurrer. Nor can Plaintiffs escape the necessity of at least pleading, for each plaintiff, whether each applicable lease was written or oral, even if some plaintiffs believe they entered a written lease but never received or lost possession of the copies of such written leases. Plaintiffs have also failed to specify the bare minimum material terms of each lease, such as the amount of rent applicable to each lease and the length of each lease.

Accordingly, Defendants' demurrer is sustained. Plaintiffs will have leave to amend, as it appears to the court the deficiency may be cured with additional factual allegations.

As to the motion to strike, Plaintiffs' claim for attorney fees is necessarily founded on their deficient Calendar No.: Event ID:  TENTATIVE RULINGS

3029453  9 CASE NUMBER: CASE TITLE:  MURRAY VS KA KANSAS LLC [IMAGED]  37-2023-00011500-CU-BC-CTL breach of contract claim, as the FAC otherwise fails to identify and plead a statute that triggers a right to attorney's fees. Plaintiffs likewise also fail to identify and plead a claim under a statute or regulation that may trigger statutory penalties. As such, the motion to strike is granted, with leave to amend.

Plaintiffs have 30 days from entry of this order to file a second amended complaint.

The minute order is the order of the court.

Calendar No.: Event ID:  TENTATIVE RULINGS

3029453  9