Judge: Stephen P. Pfahler, Case: 24STCV02392, Date: 2024-11-21 Tentative Ruling

Case Number: 24STCV02392    Hearing Date: November 21, 2024    Dept: 68

Dept. 68

Date: 11-21-24

Case #24STCV2392

Trial Date: Not Set/Not At Issue

DEMURRER

MOVING PARTY: Defendants, Abel Marquez, et al.

RESPONDING PARTY: Plaintiff, Circa 1200, LLC

RELIEF REQUESTED

Demurrer to the Complaint

·         1^st Cause of Action: Breach of Contract

·         2^nd Cause of Action: Common Counts

SUMMARY OF ACTION

Plaintiff Circa 1200, LLC alleges a lease with Defendants Abel Marquez and Cynthia Vencebi aka Cynthia Marquez for residential premises, 1200 S. Figueroa St., E3509. Defendants were evicted and moved on September 10, 2020, thereby leaving an outstanding rental balance due of $57,695.33.

On January 30, 2024, Plaintiff filed a complaint Breach of Contract and Common Counts.

RULING: Overruled.

Defendants Abel and Cynthia Marquez, in pro per, submit a demurrer to the complaint for breach of contract and common counts. Defendants contend the complaint lacks sufficient facts establishing the existence of any lease agreement and a balance due. Plaintiff Circa 1200, LLC, in opposition maintains the contract and common counts claims are properly pled. The court electronic filing system shows no reply on file at the time of the tentative ruling publication cutoff.

A demurrer is an objection to a pleading, the grounds for which are apparent from either the face of the complaint or a matter of which the court may take judicial notice. (Code Civ. Proc., § 430.30, subd. (a); see also Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The purpose of a demurrer is to challenge the sufficiency of a pleading “by raising questions of law.” (Postley v. Harvey (1984) 153 Cal.App.3d 280, 286.) “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” (Code Civ. Proc., § 452.) The court “ ‘ “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law . . . .” ’ ” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525.) In applying these standards, the court liberally construes the complaint to determine whether a cause of action has been stated.  (Picton v. Anderson Union High School Dist. (1996) 50 Cal.App.4th 726, 733.)

“A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616; Williams v. Beechnut Nutrition Corp. (1986) 185 Cal.App.3d 135, 139 [“[U]nder our liberal pleading rules, where the complaint contains substantive factual allegations sufficiently apprising defendant of the issues it is being asked to meet, a demurrer for uncertainty should be overruled or plaintiff given leave to amend.]

1^st Cause of Action: Breach of Contract

“To state a cause of action for breach of contract, [a plaintiff] must plead the contract, his performance of the contract or excuse for nonperformance, [defendant’s] breach and the resulting damage. (Citation.) Further, the complaint must indicate on its face whether the contract is written, oral, or implied by conduct. (Citation.)” (Otworth v. Southern Pac. Transportation Co. (1985) 166 Cal.App.3d 452, 458–59.) In examining a breach of contract claim, the court is required to examine the terms, or at least the legal effect of the contract. (Blank v. Kirwan, supra, 39 Cal.3d at p. 318 [“we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context”].)

The complaint alleges the existence of the written lease, incorporates a copy of the lease, and states a breach based on failure to comply with the terms of the lease, thereby leaving an outstanding balance. The complaint is therefore proper and the demurrer overruled as to this cause of action.

2^nd Cause of Action: Common Counts

A common count cause of action withstands general and special demurrer if the elements are stated: a statement of indebtedness, consideration, and nonpayment. (Avidor v. Sutter's Place, Inc. (2013) 212 Cal.App.4th 1439, 1454; Farmers Insurance Exchange v. Zerin (1997) 53 Cal.App.4^th 445, 460.) The operative complaint articulates the elements for a common count claim. The demurrer is overruled.

The demurrer is overruled in its entirety. Defendants to answer the complaint within 10 days of this order.

The court will concurrently conduct a Case Management Conference and OSC re: Sanctions.

Defendants to give notice.