Judge: Nick A. Dourbetas, Case: 2022-01291864, Date: 2023-05-19 Tentative Ruling

1. Demurrer to Complaint
2. Motion to Strike Complaint

Defendant Robinson Pharma, Inc.’s demurrer to plaintiffs’ Complaint is SUSTAINED, with 14 days leave to amend, on grounds of failure to state facts sufficient to constitute a cause of action.  (Code Civ. Proc., § 430.10, subd. (e).)  The motion to strike is MOOT.

The first cause of action for breach of contract fails to allege the existence or terms of any contract between the parties, that plaintiffs performed or are excused from performing, how defendant breached any such agreement, or how defendant’s alleged breach caused plaintiffs’ claimed damages.  (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821 [breach of contract elements].)

The second cause of action to enforce mechanics lien foreclosure fails to allege facts showing that preliminary notice was properly made, or that no such preliminary notice is required.  (Civ. Code, §§ 8106, 8110, 8200, 8410, 8416.)

Moving defendant’s request for judicial notice is DENIED.  (Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 607-608 [materials prepared by private parties and merely on file with state agencies generally not subject to judicial notice]; Jolley v. Chase Home Finance, LLC (2013) 213 Cal.App.4th 872, 889 [while judicial notice may be taken of the existence of government websites, “the same is not true of their factual content”].)

On its own motion, the court hereby issues an ORDER TO SHOW CAUSE why plaintiff California Certified Construction’s complaint should not be dismissed, given its unrepresented status.  (Merco Construction Engineers v. Municipal Court (1978) 21 Cal.3d 724, 727-733 [a corporation cannot represent itself in court, but must appear through counsel].) 

The hearing on the order to show cause is scheduled for July 24, 2023 at 9 AM in this department. 

Plaintiff California Certified Construction’s response, if any, must be filed and served at least 9 court days prior to the hearing.

Moving defendant shall give notice.