Judge: Theodore R. Howard, Case: 21-1225059, Date: 2023-08-10 Tentative Ruling

The Demurrer by defendants Pinnacle Audio, Video & Lighting, Inc. (“PAVL”) and Pinnacle Networking Services, Inc. (“PNS”) as to the FAC filed by Pre-Banc Business Credit, Inc.      is SUSTAINED with 20 days leave to amend.

The Demurrer to the 1st – 4th and 6th causes of action is based on the fact that the FAC does not identify the defendant who allegedly breached the contract, failed to pay or otherwise failed to perform.  The FAC defines the term “Defendants” as both PAVL and PNS (FAC at ¶3.)  The title portion of the four causes of action state that they are asserted “against all Defendants.” (FAC at 8:12; 9:20; 10:11; 11:2)  However, the body of each cause of action only refers to a breach by a single “Defendant.”  The term “Defendant” is not defined.  The four causes of action do not say which defendant failed to perform or is allegedly liable.  Accordingly, the plaintiff has failed to specifically allege a breach or failure to perform by either PAVL or PNS.

Accordingly, the Demurrer as to the 1st-4th and 6th causes of action is SUSTAINED.

The fifth cause of action alleges that an actual controversy exists between the parties regarding their rights and obligations under the Notice of Assignment and the Commercial Code, and requests a declaratory judgment that Defendant is indebted to Plaintiff in the amount of at least $70,562.69, and that any payments made by Defendant directly to JBR Co. did not, and has not, discharged its obligation to pay Plaintiff on the Subject Accounts. (FAC ¶63.)

Here, the declaratory relief action is wholly duplicative of the breach of contract cause of action. “‘The declaratory relief statute should not be used for the purpose of anticipating and determining an issue which can be determined in the main action. The object of the statute is to afford a new form of relief where needed and not to furnish a litigant with a second cause of action for the determination of identical issues.’” (Hood v. Superior Court (1995) 33 Cal.App.4th 319, 324.)

Accordingly, the Demurrer is SUSTAINED as to the 5th cause of action for Declaratory Relief.

The Court grants plaintiff 20 days leave to amend the 6 causes of action that were the subject of the Demurrer and orders defendant to give notice of this ruling.