Vicuna vs. Frsteam by Custom Commercial

correct plaintiff's allegations as to the meaning of the agreement”].)

The 2nd cause of action for common count - work, labor, and services rendered, states sufficient facts. (Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460 [“The only essential allegations of a common count are (1) the statement of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment;” citation omitted]; CACI 371 [quantum meruit elements]; SAC, ¶¶ 12, 13, 20, 25 [oral contract for plaintiff to perform services, i.e. the Handrail Refinishing Project], 16, 21, 26 [plaintiff’s performance], 17, 22 [indebtedness via nonpayment], 23, 28 [$48,500 reasonable value of services].)

Moving defendants shall file an Answer to the SAC within 10 days.

Plaintiff shall give notice.

11 Vicuna vs. Frsteam Demurrer to Complaint by Custom Commercial Defendants Custom Commercial Dry Cleaners, LLC, dba FRSTeam by Custom Commercial, and FRSTeam, LLC’s 2025-01523569 demurrer to the 3rd cause of action for conversion in plaintiff Robert Vicuna’s Complaint is OVERRULED.

The third cause of action states sufficient facts. (Code Civ. Proc., § 430.10, subd. (e) [demurrer for failure to state]; Lee v. Hanley (2015) 61 Cal.4th 1225, 1240 [conversion elements]; Complaint, ¶¶ 2, 27 [plaintiff’s ownership / possession of personal property], 6-9, 38 [deprivation of property for a significant period, failure to return property, and/or destroyed property, including “multiple missing .... items” (¶ 7), and “many of the items were not delivered” or “were lost” (¶ 8)], 39 [lack of consent], 13, 40-42 [proximately caused damages]; see also Quelimane Co., Inc. v. Stewart Title Guar. Co. (1998) 19 Cal.4th 26, 38-39 [a complaint is good against a general demurrer so long as it states a cause of action under any theory];