HUMANMADE, A CALIFORNIA NONPROFIT CORPORATION VS. 150 HOOPER, INC., ET AL

Matter on the Law & Motion/Discovery Calendar for Wednesday, Jun-18-2025, Line 6. 2-DEFENDANT PLACEMADE, A CALIFORNIA NONPROFIT CORPORATION's DEMURRER to 3RD Amended COMPLAINT.

Defendant Placemade's demurrer to the third and fifth causes of action in plaintiff Humanmade's third amended complaint (TAC) is overruled as moot as to the third cause of action and sustained without leave to amend as to the fifth cause of action. Placemade's demurrer is not untimely since it has not yet filed an answer. Even if the demurrer was untimely, in the interests of justice the court treats the demurrer as a timely motion for judgment on the pleadings. Humanmade's opposition papers state that Placemade is not a defendant as to the third cause of action, so Placemade's demurrer to that cause of action is moot.

The fifth cause of action alleges that Placemade breached the Community Benefits Agreement (CBA) because the monthly rent in Humanmade's lease was and continues to be more than allowed in the CBA. Yet the TAC alleges that Humanmade's landlord is defendant 150 Hooper Inc., not Placemade, and the lease attached to the TAC clearly states that the parties to the lease are 150 Hooper, as landlord, and Humanmade, as tenant, so, even assuming that Placemade had an obligation under the CBA to provide below market rent to someone, it could not have breached that obligation to Humanamade by charging higher rent than permitted by the CBA since it is not alleged, nor could it reasonably be alleged, that Placemade has a rental agreement or a rental arrangement of any kind with Humanmade. Thus, as a matter of law, the fifth cause of action does not allege the required element of breach by Placemade.

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