Judge: Timothy B. Taylor, Case: 37-2022-00036667-CU-BC-CTL, Date: 2023-08-25 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 24, 2023

08/25/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Timothy Taylor

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Civil - Unlimited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2022-00036667-CU-BC-CTL EBERLIN VS O'FARRELL CHARTER SCHOOLS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 06/14/2023

Tentative Ruling on Demurrer to SAC Eberlin v. O'Farrell Charter Schools, Case No. 2022-36667 August 25, 2023, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture.

This is an employment case arising from plaintiff's time between 2017 and 2022 as a teacher with defendant. His contract was not renewed for the 2022-23 school year. He filed a Judicial Council form contract complaint seeking $750,000.00 in damages in September of 2022, and after 'meet and confer' discussions filed the FAC on December 1. ROA 12.

Defendant demurred to the FAC. ROA 14-18. After full briefing and a hearing on April 28, 2023, the court sustained the demurrer with leave to amend. ROA 37. The SAC was thereafter filed. ROA 40. It alleges a single contract count.

Presently, defendant demurs to the SAC. ROA 42-46. Plaintiff filed opposition. ROA 47. Defendant replied. ROA 48-50. The court has reviewed the papers, and no further submissions are authorized in connection with this demurrer.

The case is set for trial in February, 2024. ROA 35-39.

2. Applicable Standards.

A. The court hereby incorporates parts 2A and 2B of the minutes from April 28, 2023 (ROA 37).

B. '[T]he elements of a cause of action for breach of contract are (1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff.' Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.

3. Discussion and Ruling.

The demurrer to the SAC is sustained without leave to amend.

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2985123  56 CASE NUMBER: CASE TITLE:  EBERLIN VS O'FARRELL CHARTER SCHOOLS [IMAGED]  37-2022-00036667-CU-BC-CTL '[W]here a complaint alleges that a written contract contains certain text, but the contract is attached to the complaint and does not contain the alleged text, then the assertion in the complaint can be disregarded.' Panterra GP, Inc. v. Superior Court (2022) 74 Cal.App.5th 697, 712 fn. 13.

In this case, plaintiff alleges that defendant breached the parties' agreement by failing to recommend plaintiff for continued employment. However, none of the documents attached to the SAC include any terms regarding recommending plaintiff for continued employment. The court therefore disregards plaintiff's inconsistent allegation. Accordingly, plaintiff has failed to allege sufficient facts establishing that defendant breached the parties' agreement.

This ruling is dispositive of the entire action. All future dates, including the trial and TRC, are hereby vacated. Counsel for defendant is directed to submit a judgment of dismissal for the court's signature.

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