Judge: Olivia Rosales, Case: 22NWCV00578, Date: 2022-12-20 Tentative Ruling

Case Number: 22NWCV00578    Hearing Date: December 20, 2022    Dept: SEC

M Y KHANANI LLC v. TRACY

CASE NO.:  22NWCV00578

HEARING: 12/20/22 @ 10:30 AM

JUDGE:  OLIVIA ROSALES

#6

TENTATIVE RULING

Cross-Defendant M Y Khanani LLC’s unopposed demurrer is SUSTAINED.  As there is no opposition, the court will hear from Cross-Complainant regarding any grounds warranting leave to amend.

Moving Party to give NOTICE.

Cross-Defendant M Y Khanani LLC demurs to the Cross-Complaint on the ground that it fails to state facts sufficient to constitute a cause of action.

The operative First Amended Complaint (“FAC”) alleges that Defendant Regina Tracy breached a commercial lease agreement. Based thereon, the FAC

1.    Breach of Contract

2.    Breach of the Covenant of Good Faith and Fair Dealing

3.    Fraud

4.    Unjust Enrichment

On August 18, 2022, Regina Tracy filed a Cross-Complaint.

The court finds the Cross-Complaint is defective.  It does not allege any “separately stated cause of action” as required by CRC § 2.112, and fails to put Defendant on notice of the claims pled against it.

Accordingly, the demurrer is SUSTAINED.  As there is no opposition, the court will hear from Cross-Complainant regarding any grounds warranting leave to amend.