What is breach of contract – not paying in full or on time?

Useful Rulings on Breach of Contract – Not Paying in Full or On Time

Recent Rulings on Breach of Contract – Not Paying in Full or On Time

PTN, INC. VS SURGE365, ET AL.

Breach of Contract (2nd COA) “To state a cause of action for breach of contract, a party must plead the existence of a contract, his or her performance of the contract or excuse for nonperformance, the defendant’s breach and resulting damage. [Citation]” (Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 307.)

  • Hearing

    Jul 13, 2020

CITIBANK VS. ECOSOLARGY

First Cause of Action for Breach of Contract The elements of a cause of action for breach of contract are: (i) the existence of a contract; (ii) the plaintiff’s performance or excuse for nonperformance; (iii) the defendant’s breach; and (iv) damage to the plaintiff resulting from the breach. (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) Plaintiff has met its initial burden to prove each element of its breach of contract claim.

  • Hearing

    Jul 13, 2020

DOUG HANSON CONSTRUCTION VS STACEY VALNES, ET AL.

First Cause of Action: Breach of Contract To state a cause of action for breach of contract, Plaintiff must establish “(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.)

  • Hearing

    Jul 10, 2020

U. S. FOODS, A CORPORATION VS CHUCKWAGON SMOKIE'S LLC, A LIMITED LIABILITY COMPANY, ET AL.

Plaintiff’s operative Complaint alleges the following causes of action: (1) breach of contract, (2) open book account, (3) account stated, (4) reasonable value, and (5) breach of guaranty against defendants, Hannel Jarnagin and Revis W. Jarnagin. Service of Summons: Plaintiff filed a proof of service on December 6, 2019 as to Revis Jarnagin. The proof of service shows that Revis Jarnagin was personally served on November 13, 2019 at 445 Highland Avenue, Barstow, California 92311.

  • Hearing

    Jul 10, 2020

  • Type

    Contract

  • Sub Type

    Breach

NATIONAL FUNDING, INC. VS. GUIJAR LIMO CORP

First cause of action for breach of contract against Gujjar Limo Corp.: “To prevail on a cause of action for breach of contract, the plaintiff must prove (1) the contract, (2) plaintiff's performance of the contract or excuse for nonperformance, (3) defendant's breach, and (4) resulting damage to the plaintiff.” Richman v. Hartley, 224 Cal.App.4th 1182, 1186 (2014). Plaintiff has submitted evidence to demonstrate that: (1) On 6/12/19, defendant Gujjar Limo Corp.

  • Hearing

    Jul 09, 2020

ROBERTO ALVARADO, ET AL. VS HZB MANUFACTURING, A CALIFORNIA CORPORATION, ET AL.

While the delay from March 2018 to February 2019 is not fully explained by Defendants, the court need not adjudicate a claim for past breach of contract on a motion for receivership. Even assuming Defendants were required to establish the accounting protocols earlier, that would not establish that Rio Verde, HZB, or Pacific presently lack accounting protocols or are in danger of material injury.

  • Hearing

    Jul 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

BRAND PRODUCE, INC. VS ENCINO GLATT MARKET, INC.

Breach of contract requires: (1) the existence of a contract; (2) plaintiff’s performance or excuse for nonperformance; (3) defendant’s breach of the contract; and (4) the resulting damages to the plaintiff. (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.)

  • Hearing

    Jul 06, 2020

  • Type

    Contract

  • Sub Type

    Breach

PREFERRED BANK VS PREVENTION, LLC

Accordingly, if Plaintiff meets their initial burden of production as to an issue, the Issue No. 1: Breach of Contract Plaintiff moves for summary adjudication of the first cause of action. They argue that Defendant has no defenses to the first causes of action, there is no triable issue or material fact or issue of liability, and they are entitled to entry of judgment as a matter of law.

  • Hearing

    Jul 01, 2020

  • Type

    Contract

  • Sub Type

    Breach

JASON KANG VS CHRISTIAN RADO

BACKGROUND On September 17, 2019, plaintiff Jason Kang filed a complaint against defendant Christian Rado for (1) breach of contract, (2) fraud, (3) declaratory relief, (4) conversion, (5) negligence, and (6) injunction. On February 18, 2020, Christian Rado and Vaporous Technologies Inc. filed a cross-complaint against Jason Kang and Loadedco Inc. for (1) breach of contract, (2) fraud, (3) negligent misrepresentation, (4) conversion, and (5) breach of fiduciary duty.

  • Hearing

    Jun 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • County

    Los Angeles County, CA

WELLS FARGO BANK, N.A. VS, EDGAR W. LIHN

“A cause of action for damages for breach of contract is comprised of the following elements: (1) the contract, (2) plaintiff‘s performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff.” (Careau & Co. v. Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1388; see also 4 Witkin, Cal.

  • Hearing

    Jun 26, 2020

JENS NEUFINCK VS MARIA FERNANDEZ, ET AL.

First Cause of Action, Breach of Contract: OVERRULED The elements for a breach of contract cause of action are: (1) the contract; (2) plaintiff’s performance or excuse for nonperformance; (3) defendant’s breach; and (4) resulting damages. Reichert v. General Ins. Co. (1968) 68 Cal.2d 822, 830. Defendants argue that the demurrer should be granted as to this claim because they are not parties to the lease agreement. Instead, the lease agreement is between Plaintiff and Maria. (FAC, Ex. A.)

  • Hearing

    Jun 26, 2020

  • Type

    Contract

  • Sub Type

    Breach

SHENTU V. LIFEPRINT PRODUCTS

Plaintiff filed a complaint against defendants asserting causes of action for breach of contract, fraud, and common counts allegedly arising out of a contract for plaintiff to provide consulting services for defendants.

  • Hearing

    Jun 26, 2020

STEVEN W. KEREKES, AN INDIVIDUAL VS DANIEL C. FERGUSON, AS TRUSTEE OF THE AMENDED AND RESTATED FERGUSON TRUST AND AS EXECUTOR, ET AL.

Ferguson and Robert Yaspan alleging: (1) breach of contract; (2) declaratory relief; (3) quantum meruit; (4) declaratory relief—promissory estoppel; (5) Probate Code section 19001; (6) fraudulent transfer; (7) imposition and foreclosure of attorney’s lien; (8) equitable lien; (9) preliminary and permanent injunction; (10) Probate Code section 19400; and (11) petition to compel arbitration and stay of court proceedings pending arbitration. On March 3, 2020, Daniel C.

  • Hearing

    Jun 24, 2020

LUCAS KING LLC VS FACTION ENTERTAINMENT LLC

The Complaint asserts causes of action for: Breach of Contract Non-Payment of Rent; Breach of Contract Non-Payment of Rent; Breach of Covenant of Good Faith and Fair Dealing; and Fraud. On October 24, 2018, Plaintiff filed an Amendment to Complaint (Fictitious/Incorrect Name) substituting Robb McDaniels for Doe 1. Specially Appearing Defendant Robb McDaniels (hereinafter “McDaniels”) moves to quash service of the summons and complaint by Plaintiff.

  • Hearing

    Jun 23, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

WELLS FARGO BANK, N.A. V. MATTHEW MAXWELL

The essential elements to prove breach of contract are (1) a contract, (2) the plaintiff's performance or excuse for failure to perform, (3) defendant's breach, and (4) damage to plaintiff resulting therefrom. (McKell v. Washington Mutual (2006) 142 Cal.App.4th 1457, 1489.)

  • Hearing

    Jun 10, 2020

WELLS FARGO BANK V. GEDDIE

It is appropriate to grant summary adjudication of the breach of contract cause of action.

  • Hearing

    Jun 05, 2020

PACIFIC MERCANTILE BANK VS USMAN VAKIL

“[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.) “The 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.’” (Allen v.

  • Hearing

    Jun 02, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

CHING-YAO CHU ET AL VS CREATIVE HABITAT, INC. ET AL

The complaint alleges cause of action for:  breach of contract,  breach of express warranty,  breach of implied warranty, This Department intends to comply with the time requirements of the Trial Court Delay Reduction Act (Government Code, §§ 68600–68620). The California Rules of Court state that the goal of each trial court should be to manage limited and unlimited civil cases from filing so that 100 percent are disposed of within 24 months. (Ca. St.

  • Hearing

    May 21, 2020

TERESITA ALBA INDIVIDUALLY AND AS TRUSTEE OF THE TERESITA A. ALBA TRUST DATED NOVEMBER 1, 2016, VS H&O UNIQUE CONSTRUCTION, INC. A CALIFORNIA CORPORATION, ET AL.

Alba and Victor Franklin Alba filed the operative first amended complaint for financial elder abuse; breach of contract; breach of fiduciary duty; concealment; conversion; rescission of contract; cancellation of instrument; quiet title; and injunction. On February 21, 2020, Plaintiffs filed their ex parte application for a TRO and OSC re: preliminary injunction. Defendants Alex Mehdiani and S.B.S.

  • Hearing

    Apr 09, 2020

MASSON AND ASSOCIATES VS EPSTEIN

Essentially, the foundation of Plaintiff's dispute with the release of the Mechanic's Lien rests upon a breach of contract theory or an enforcement of settlement issue – not on the effectiveness of the default. To illustrate this, it can be noted that Plaintiff's operative pleading alleged three contract-based causes of action and one cause of action for foreclosure of mechanic's lien.

  • Hearing

    Mar 12, 2020

  • Type

    Contract

  • Sub Type

    Breach

JIANG QI VS BLUESTAR EXPRESS GROUP INC.

Breach of Contract On September 14, 2017, Plaintiff filed six “Amendment[s] to Complaint,” wherein Tom Zhang was named in lieu of Doe 1, Tao Zhang was named in lieu of Doe 2, Qingyu Zhang (“Qingyu”) was named in lieu of Doe 3, Shuqin Gao (“Gao”) was named in lieu of Doe 4, Yang Zhao was named in lieu of Doe 5, and Ketian Yue was named in lieu of Doe 6. On January 19, 2018, Plaintiff filed another “Amendment to Complaint,” wherein New Diamond Trucking, Inc. was named in lieu of Doe 7.

  • Hearing

    Mar 10, 2020

LONG GAO ET AL VS BETHANY LIOU ET AL

Breach of Contract; 2. Breach of Fiduciary Duty; 3. Fraud-Concealment and Intentional Misrepresentation; 4. Accounting; and 5. Declaratory Relief (Dissolution). The Buchalter and attorneys Messrs. Bales and Wachtell originally represented all Defendants. Pursuant to an order dated to December 2019, this Court disqualified the Buchalter firm and Messrs.

  • Hearing

    Mar 05, 2020

PALO CAPITAL, INC. V. CANNIVET

Before the Court this day is a motion by Cannivet to recover statutory attorney fees based on the nonpayment of wages. The jury in this case awarded Palo $4,352.00 for misappropriation. The jury separately awarded Cannivet $355,455.00 as damages for the two cross-claims resolved in his favor: breach of contract and quantum meruit.

  • Hearing

    Mar 05, 2020

KC INVESTMENT COMPANY VS KUNG FU OF GOLDEN DRAGON, LLC

SC124337 Hearing Date: March 5, 2020 Defendants’ Motion for Leave to Open Discovery This began as an unlawful detainer action based on nonpayment of rent at a commercial property. Defendants vacated by August 2015. As possession is no longer at issue, this became a breach of contract action. Defendants allege in March 2019 the parties reached an agreement that plaintiff would dismiss the action, contingent on defendants presenting financial documents showing they were judgment proof.

  • Hearing

    Mar 05, 2020

WHITE ZUCKERMAN WARSAVSKY LUNA & HUNT, LLP. VS AMITISS NASIRI AKA AMITISS ANSARI NASIRI

Amitiss Nasiri (19VECV01693) On November 22, 2019, Plaintiff White Zuckerman Warsavsky Luna & Hunt, LLP sued Amitiss Nasiri for breach of contract and two common counts in 19VECV01693 White Zuckerman Warsavsky Luna & Hunt, LLP v. Amitiss Nasiri. The case is currently pending in Department T of the Van Nuys Courthouse East in the Northwest District.

  • Hearing

    Mar 05, 2020

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