Judge: Maurice A. Leiter, Case: 24STCV21445, Date: 2025-04-04 Tentative Ruling

Case Number: 24STCV21445    Hearing Date: April 4, 2025    Dept: 54

Hearing Date: April 4, 2025

Department 54, Judge Maurice A. Leiter

Demurrer to First Amended Complaint

Moving Party: Defendants Cardinal Investments, LLC and 4189 S. Normandie Street Partners, LLC

Responding Party: Plaintiff Pub Construction, Inc.

T/R:      DEFENDANTS' DEMURRER IS OVERRULED.

DEFENDANTS TO FILE AND SERVE ANSWERS TO THE FIRST AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING.

DEFENDANTS TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers, opposition, and reply.

BACKGROUND

On January 29, 2025, Plaintiff Pub Construction, Inc. filed a the operative first amended complaint against Defendants, asserting causes of action for breach of contract, common counts, and foreclosure on mechanic's lien. Plaintiff alleges Defendants failed to pay Plaintiff for construction work on properties owned by Defendants.

ANALYSIS

A demurrer to a complaint may be taken to the whole complaint or to any of the causes of action in it.  (CCP § 430.50(a).)  A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations.  (Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal. App. 4th 726, 732.)  The court must treat as true the complaint's material factual allegations, but not contentions, deductions or conclusions of fact or law.  (Id. at 732-33.)  The complaint is to be construed liberally to determine whether a cause of action has been stated.  (Id. at 733.)

Defendants demur to the first cause of action for breach of written settlement agreement on the ground that they did not sign the agreement; only Defendant Redhawk signed the agreement. The agreement, attached as exhibit 1 to the FAC, does not contain a signature block for moving Defendants, and does not recite that Redhawk was authorized to sign for the moving Defendants. But the agreement states that it is a global settlement among "Redhawk Management / Cardinal Investments / 4189 S Normandie St. Partners, LLC. (hereinafter referred to as "Redhawk") and PUB Construction Inc." Plaintiff alleges that all Defendants breached the agreement. This is sufficient to allege a claim for breach of contract against moving Defendants. The Court cannot find on demurrer that moving Defendants are not bound by this agreement.

Defendants' demurrer is OVERRULED.