Judge: Melvin D. Sandvig, Case: 24CHCV00734, Date: 2024-05-21 Tentative Ruling

Case Number: 24CHCV00734    Hearing Date: May 21, 2024    Dept: F47

Dept. F47

Date: 5/21/24

Case #24CHCV00734

DEMURRER TO THE ORIGINAL COMPLAINT

Demurrer filed on 4/5/24.

MOVING PARTY: Defendant Noureen Entertainment, Inc. and Zia Abhari

RESPONDING PARTY: Plaintiff Centennial VTC LLC

NOTICE: ok

Demurrer is to the entire complaint:

            1.  Breach of Lease

            2.  Breach of Guaranty

RULING: The demurrer is overruled.  Answer is due within 30 days. 

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of Defendant Noureen Entertainment, Inc.’s (Noureen) alleged breach of a written lease entered into with Plaintiff Centennial VTC LLC’s (Plaintiff) predecessor-in-interest for property located at 24201 W. Valencia Blvd., Suite 101 in Valencia, California.  (Complaint ¶¶1, 4-6).

On 3/7/24, Plaintiff filed this action against Noureen for breach of lease and against Defendant Zia Abhari (Abhari) for breach of written guaranty of the lease.  Plaintiff has not attached a copy of the lease or guaranty to the complaint.  After meet and confer efforts failed to resolve the issues Defendants had with the complaint, on 4/5/24, Defendants filed and served the instant demurrer to the entire complaint on the grounds that it fails to allege sufficient facts to constitute a cause of action and is uncertain.  CCP 430.10(e), (f).  Plaintiff has opposed the demurrer. 

ANALYSIS

The breach of lease and breach of guaranty causes of action are both claims for breach of contract. 

The elements of a breach of contract cause of action are: (1) a contract, (2) plaintiff’s performance or excuse for nonperformance, (3) defendant’s breach, and (4) resulting damages to plaintiff.  San Mateo Union High School District (2013) 213 CA4th 418, 439;  Darbun Enterprises, Inc. (2015) 239 CA4th 399, 409; Stockton Mortgage, Inc. (2014) 233 CA4th 437, 447.

Defendants concede that the failure to attach a contract to a complaint based thereon is not fatal to the complaint.  See Demurrer, p.3:26-p.4:2, p.4:17-21).  Contrary to Defendants’ assertion, the Court finds that Plaintiff has sufficiently alleged the legal effect of each of the contracts as permitted by law.  See Construction Protective Services, Inc. (2002) 29 C4th 189, 194, 198.  Additionally, Plaintiff has sufficiently alleged facts to satisfy each of the elements of a breach of contract claim.  (See Complaint ¶¶1, 4-8, 10-15).  Defendants have also failed to establish that the complaint is so uncertain that they cannot respond.         

CONCLUSION

The demurrer is overruled.  Answer is due within 30 days.