Demurrer
23CV037347: BOWEN vs YUEN, et al. 05/22/2026 Hearing on Demurrer.; filed by Global International Investment LLC (Defendant) CRS# A-37347-007 in Department 520
Tentative Ruling - 05/20/2026 Jamilah A. Jefferson
The Demurrer filed by Global International Investment LLC on 12/10/2025 is Sustained with Leave to Amend.
The Demurrer of Defendant Global International Investment LLC (Defendant) to Plaintiff Raphael Bennett, Guardian Ad Litem for Elijah Uziel Bennett and Olivia Eden Bennett, Successors in Interest for Leah Bowen (Plaintiffs) First Amended Complaint is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc. § 430.10(e).)
REQUEST FOR JUDICIAL NOTICE
Defendants Amended Request for Judicial Notice (RJN) is granted as to Exhibit 1, which is a recorded document. (Evid. Code, § 452, subd. (h).) However, it is not taken judicial notice of for the truth of the matters stated herein.
DISCUSSION
First, the Court notes that while Defendant previously brought a demurrer to Plaintiff Leah Bowens original Complaint less than a year ago, the Court ruled only as to the procedural defects, given that Plaintiff had died subsequent to the Complaint and a successor had not yet been named. (May 2, 2025 Order.) Thus, the Court is considering the merits of the allegations for the first time.
As part of alleging a breach of contract claim, the plaintiff may allege the terms of the contract that were breached verbatim by attaching a written contract to the complaint or pleading the relevant language in haec verba (word-for-word). (4 Witkin, Cal. Proc. 5th Plead § 518 (2008); see, e.g., McKell v. Wash. Mut., Inc. (2006) 142 Cal.App.4th 1457, 1489.) A plaintiff may also allege the substance of the promises without quoting the actual contractual language, although this option is more difficult, for it requires a careful analysis of the instrument, comprehensiveness in statement, and avoidance of legal conclusions, and it involves the danger of variance where the instrument proved differs from that alleged. (Id. § 519.)
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?”
Either way, the complaint must allege the legal effects of the essential terms of the agreementthat is, the terms that were breached and any other terms necessary to understand them. (See id. § 520.)
Although it is true that when "facts appearing in the exhibits contradict those alleged, the facts in the exhibits take precedence," this is not clearly the case here. (Holland v. Morse Diesel Intern, Inc. (2001) 86 Cal.App.4th 1443, 1447 citing to Mead v. Sanwa Bank California (1998) 61 Cal.App.4th 561, 567-568.) 23CV037347: BOWEN vs YUEN, et al. 05/22/2026 Hearing on Demurrer.; filed by Global International Investment LLC (Defendant) CRS# A-37347-007 in Department 520
Contrary to Defendants contention, the lease agreement attached as Exhibit 1 to the FAC sufficiently indicates the parties who entered into the contract on the last page in the signature section where Plaintiffs signature makes it clear that she was a party to the lease and Defendant is identified as the landlord. (FAC, Ex. 1, p. 4.) Although there is another tenant signatory, it is within a persons right to file a suit or not, as the case may be for Plaintiffs former co-tenant. (Oppo., p. 2:17-21.)
But as to Defendants other points, the rent amount differs between the lease ($2,650) and the Complaints allegations ($2,900), the Court shall give Plaintiffs an opportunity to clarify the discrepancy. (FAC, ¶ 10; Ex. 1, § 3A.) Assuming that Plaintiff did not lease all four units of the multi-unit building, Plaintiffs shall also clarify the unit in which Plaintiff resided as it is not identified on the lease or within the FAC. (RJN, Ex. 1.)
Accordingly, Defendants Demurrer is SUSTAINED WITH LEAVE TO AMEND.
Plaintiffs shall file a Second Amended Complaint by no later than June 12, 2026.
NOTICE: This tentative ruling will automatically become the courts final order on May 22, 2026 unless, by no later than 4:00 P.M. on May 21, 2026, a party to the action notifies BOTH: 1) the court by emailing Dept520@alameda.courts.ca.gov; AND 2) all opposing counsel or selfrepresented parties (by telephone or email) that the party is contesting this tentative ruling.
The subject line (RE:) of the email must state: Request for CONTESTED HEARING: [the case name], [number]. When a party emails to contest a tentative ruling, the party must identify the specific holding(s) within the ruling they wish to contest via oral argument.
The court does not provide court reporters for hearings in civil departments. A party who wants a record of the proceedings must engage a private court reporter. (Local Rule 3.95.) Any privately retained court reporter must also participate via video conference. Their email must be provided to the court at the time the Notice of Contest is emailed.
ALL CONTESTED LAW AND MOTION HEARINGS ARE CONDUCTED VIA REMOTE VIDEO unless an in person appearance is required by the court. Invitations to participate in the video proceeding will be sent by the court upon receipt of timely notice of contest. A party may give email notice that they will appear in court in person for the hearing, however all other counsel/parties and the JUDGE MAY APPEAR REMOTELY.