| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
DEMURRER to COMPLAINT
Matter on the Law & Motion / Discovery calendar for Tuesday, July 22, 2025, Line 7 [Part 1 of 2 of the tentative ruling]. DEFENDANTS DC UTAH SUB LLC, AND COMSTOCK UTAH STREET LLC's DEMURRER to COMPLAINT.
Defendants' (DC Utah Sub LLC and Comstock Utah Street LLC) demurrer to complaint is sustained with leave to amend as follows.
Comstock Utah Street LLC's demurrer to the breach of contract cause of action is sustained with 20 days leave to amend. The written contract is attached to the complaint as Exhibit A. The face sheet and signature line (pg. 17) of the agreement show that plaintiff and DC Utah Sub LLC are the parties to the agreement and Comstock Utah Street LLC merely signed the agreement as the "Authorized Representative" of DC Utah Sub LLC. (Jibilian v. Franchise Tax Bd. (2006) 136 Cal.App.4th 862, 864, fn. 1 ["[I]n the event of a conflict between the pleading and an exhibit, the facts contained in the exhibit take precedence over and supersede any inconsistent or contrary allegations in the pleading."].) Plaintiff has leave to plead facts showing how non-party to the contract Comstock Utah Street LLC can be liable for its breach.
Defendants' demurrers to the common counts and quantum meruit causes of action are sustained with 20 days leave to amend. Defendants are correct that quasi contract claims are not viable where the parties have an enforceable express contract. Plaintiff is correct that it can plead alternative theories of liability. Here, plaintiff has leave to allege that the express contract is unenforceable and it is entitled to relief. (Lance Camper Manufacturing Corp. v. Republic Indemnity Co. (1996) 44 Cal.
App. 4th 194, 203 ["The [plaintiff] must allege that the express contract is void or was rescinded in order to proceed with its quasi-contract claim."]; Klein v. Chevron U.S.A., Inc. (2012) 202 Cal.App.4th 1342, 1389-1390 ["Although a plaintiff may plead inconsistent claims that allege both the existence of an enforceable agreement and the absence of an enforceable agreement, that is not what occurred here. Instead, plaintiffs' breach of contract claim pleaded the existence of an enforceable agreement and their unjust enrichment claim did not deny the existence or enforceability of that agreement.
Plaintiffs are therefore precluded from asserting a quasi-contract claim under the theory of unjust enrichment."].)
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
Defendants' demurrer to the prompt payment penalties cause of action is sustained with 20 days leave to amend. Plaintiff has leave to clarify the precise statute that the claim is under. The reference to an unnamed "statute" is insufficient.
Comstock Utah Street LLC's demurrer to the foreclosure of mechanic's lien cause of action is sustained with 20 days leave to amend.
Defendants' unopposed request for judicial notice is granted. (Lockhart v. MVM, Inc. (2009) 175 Cal.App.4th 1452, 1460 [recorded grant deed subject to judicial notice under Evid. Code section 452(c) & (g)].) The judicially noticeable deed shows that DC Utah Sub LLC-not Comstock Utah Street LLC-is the owner of the property. Plaintiff has leave to plead ultimate facts showing that Comstock Utah Street LLC has an interest in the subject property. (See Grinnell Fire Prof. Sys. Co. v. Am. Sav. & Loan Ass'n (1986) 183 Cal.App.3d 352, 358 ["any person having an interest in the property when the [foreclosure of lien] suit is commenced must be included as a party defendant in order to be bound by the judgment. [citations]"].)
[End of part 1 of 2 of the tentative ruling.]