Judge: Michael Small, Case: 22STCV34676, Date: 2025-03-26 Tentative Ruling

Case Number: 22STCV34676    Hearing Date: March 26, 2025    Dept: 57

The Court is sustaining with leave to amend the demurrer of Defendant Annabelle Arce to the First Amended Complaint of Plaintiff Dongkwon Lee.  As to the first claim for breach of contract, the two promissory notes attached to the FAC do not evince a contract between Arce and Lee through which Arce promised to pay back money to Lee.  The FAC is devoid of any allegations of an offer and acceptance as between Arce and Lee.  The allegations speak of communications between Lee and Defendant Eunsook Kim regarding loans to Arce, but there is no allegation that Kim was Arce's agent for the arrangement of the loans.  The claim for common count in the FAC fails for the same reason that the claim for breach of contract fails.  The third claim, which is for unjust enrichment, fails as a matter of law.  That is because unjust enrichment is not an independent, standalone cause of action under California law.  Rather, it is an equitable remedial theory on which plaintiffs may recover from defendants.  (Rutherford Holdings, LLC v. Plaza Del Rey (2014) 233 Cal.App.4th 221, 231; Levine v. Blue Shield of California (2010) 189 Cal.App.4th 1117, 1135.)   

Lee is directed to file and serve a Second Amended Complaint by April 18, 2025.  The case management conference on calendar today is continued to July 30, 2025 at 8:30.