Judge: Thomas D. Long, Case: 22STCV07543, Date: 2022-12-29 Tentative Ruling

Case Number: 22STCV07543    Hearing Date: December 29, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On March 2, 2022, Plaintiff David Carranza filed this action against Defendants Mohammad Ali Zareh DDS, Inc. and Charles Chan-Eung Park.  On September 21, 2022, Mohammad Ali Zareh DDS, Inc. (“Defendant”) filed a demurrer.  Plaintiff did not file an opposition.

A demurrer for sufficiency tests whether the complaint states a cause of action.  (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.)  When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true.  (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.)

The complaint uses a Judicial Council form for an action based in contract.  The standard elements of a claim for breach of contract are (1) the contract, (2) plaintiff’s performance or excuse for nonperformance, (3) defendant’s breach, and (4) damage to plaintiff therefrom.  (Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal.App.4th 1171, 1178.)  “A written contract may be pleaded by its terms—set out verbatim in the complaint or a copy of the contract attached to the complaint and incorporated therein by reference—or by its legal effect.”  (McKell v. Washington Mutual, Inc. (2006) 142 Cal.App.4th 1457, 1489.)  To plead a contract by its legal effect, a plaintiff must “allege the substance of its relevant terms.  This is more difficult, for it requires a careful analysis of the instrument, comprehensiveness in statement, and avoidance of legal conclusions.”  (Ibid.)

Item 8 on page 2 of the form complaint states, “The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached).”  Plaintiff checked the boxes for Breach of Contract and Common Counts, but no additional pages are attached.  Plaintiff prays for damages, interest, and “cost for services and products never rendered.”  The complaint contains no facts constituting any causes of action.  (Code Civ. Proc., § 425.10, subd. (a)(1).)

The demurrer is SUSTAINED.  Because Plaintiff did not file an opposition, he has not shown that he can remedy the deficiencies.  Accordingly, no leave to amend is granted.  The complaint is DISMISSED as to Defendant Mohammad Ali Zareh DDS, Inc.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

         Dated this 29th day of December 2022