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

UP AND RUNNING SOFTWARE,INC., A MICHIGAN CORPORATION VS OBEN, INC., A DELAWARE CORPORATION

Oben disregards the fact that UNR pleads multiple causes of action and only the first cause of action for breach of contract is at issue for the instant application. Reply at 3. The Agreement specifically provides that the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses resulting from the necessity of enforcement. McKilligan Decl., Ex. 1. UNR’s attorneys’ fees in the amount of $45,004.55 is supported.

  • Hearing

SOFIA VERGARA VS NICHOLAS LOEB ET AL

Vergara’s complaint brings causes of action for: (1) Declaratory Judgment (2) Permanent Injunctive Relief (3) Breach of Contract (4) Promissory Fraud (5) Promissory Estoppel (dism. after decision not to amend) (6) Malicious Prosecution. (dism. after appeal) On April 14, 2017 Loeb filed a demurrer and motion to strike portions of the complaint. Loeb also filed an anti-SLAPP motion.

  • Hearing

BMOSAICS, INC., A CALIFORNIA CORPORATION, ET AL. VS DIMCE MANEV, ET AL.

The FAC alleges that Plaintiff has performed all of the acts required of it with regard to the Promissory Note, except for those acts which have been excused, and that Defendants have breached the Note by non-payment. (FAC ¶¶ 29-30.) The Court finds that Plaintiff has sufficiently alleged a claim for breach of contract as to the first cause of action. Second Cause of Action: Operating Agreement The second cause of action is pled against Dimce Manev only. The Court also finds it sufficiently pled.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ROIC CALIFORNIA LLC V. RIBCO, INC.

Defendant challenges plaintiff’s first cause of action for breach of written lease agreement, arguing that the allegations of the complaint fail to state a claim for breach of contract. The court disagrees. To plead a cause of action for breach of contract, a plaintiff must allege (1) the existence of the contact, (2) the plaintiff’s performance or excuse for nonperformance, (3) the defendant’s breach, and (4) resulting damages to the plaintiff. Acoustics, Inc. v.

  • Hearing

MAXIM HEALTHCARE SERVICES, INC VS. FROMAN

Second Cause of Action for Breach of Contract In their second cause of action for breach of contract, Cross-Complainants Froman and Ward allege that Maxim has breached their Employment Agreement by failing to pay them the amounts due and owing to them under the Agreement, including wages, and stock options owed. (Cross-Complaint, ¶ 104.)

  • Hearing

MAXIM HEALTHCARE SERVICES, INC VS. FROMAN

Second Cause of Action for Breach of Contract In their second cause of action for breach of contract, Cross-Complainants Froman and Ward allege that Maxim has breached their Employment Agreement by failing to pay them the amounts due and owing to them under the Agreement, including wages, and stock options owed. (Cross-Complaint, ¶ 104.)

  • Hearing

ROBERT MECAY ET AL VS SAFECO INSURANCE COMPANY OF AMERICA ET AL

(Alliant) asserting causes of action for breach of the implied covenant of good faith and fair dealing, breach of contract, and negligence. The complaint alleges that plaintiffs suffered significant damage to their property on January 9, 2018, as a result of debris flow attributed to the Thomas fire, that an insurance claim was promptly made to Safeco, and that Safeco unreasonably withheld policy benefits to plaintiffs. (Complaint, ¶¶ 1-4.)

  • Hearing

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

PLAN B MGMT. VS DIVERSIFIED PANELS ET. AL.

Second, in its Opposition Brief, Defendants contend that Plaintiff's demurrer to Affirmative Defenses Nos. 2 (No Damages Suffered), 9 (Consent), 11 (Acts of Third Party), 12 (Performance of Duties), 19 (Statute of Frauds), and 23 (Breach of Contract) should be overruled because these Affirmative Defenses are mere traverses that are not based on "new matter."

  • Hearing

STONEBRIDGE CAPITAL MANAGEMENT, INCORPORATED VS MATTHEW W. MARKATOS, ET AL.

Defendant Whittier Trust Company’s Demurrer to Stonebridge’s FAC Stonebridge’s FAC alleges causes of action for: (1) breach of fiduciary duty, (2) conversion, (3) breach of contract-confidentiality and noninterference agreement, (4) breach of contract—shareholders’ agreement, (5) breach of California Comprehensive Computer Data Access and Fraud Act Penal Code § 502, subdivision (c)(2), (6) intentional interference with contractual relations, (7) aiding and abetting breach of fiduciary duty, (8) unfair competition

  • Hearing

CONSOLIDATED DESIGN WEST, INCORPORATED, A CALIFORNIA CORPORATION VS WHITTIER ENTERPRISE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

Defendant also contends that it cannot be ascertained from the pleading whether the contract is written, oral, or implied by conduct.[1] Breach of Contract 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.)

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

DONJO ENTERPRISES, INC. DBA DONALD MOUNT CONSTRUCTION ET AL. VS SRI ENVIRONMENT, INC. ET AL.

(“SRI”), and others for breach of contract and common counts for SRI’s failure to pay for materials and services for a project at 440 Cherry Lane in Manteca, California. On December 31, 2019, SRI filed a cross-complaint against the owner of the property, Cherry Lane Homeowners Association (“Cherry Lane”). SRI filed a first amended cross-complaint (“FACC”) against Cherry Lane on January 7, 2020, for breach of contract and common counts.

  • Hearing

JOHN P KRAUS VS ULTIMATE CREATIONS INC

Motion For Summary Adjudication Issue No. 1: “The first cause of action for non-payment of wages should be dismissed since, as a matter of law, defendant never had an agreement to pay the demanded wages.” Defendant argues that it is entitled to summary adjudication of Plaintiff’s first cause of action for nonpayment of wages because it never agreed to pay these wages and because Plaintiff did not bring in the Costco account.

  • Hearing

KHACHIK EDWIN VS HAMID POUSTI, ET AL.

(5) Common Counts “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.’” (Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460.) Moving Defendants demur to the tenth and eleventh causes of action, common counts for Money Lent, and Money Had and Received, on the same grounds as to the breach of contract causes of action.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ROSE TAYLOR VS CALVIN BROADUS, JR

(Fourth Amended Complaint, Breach of Contract.)

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

SOCAL GARMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS PS38, LLC, A NEW YORK LIMITED LIABILITY COMPANY

Discussion Breach of Contract “[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.” (Thrifty Payless, Inc. v. The Americana at Brand, LLC (2013) 218 Cal.App.4th 1230, 1244.)

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

STRATEGIC FUNDING SOURCE, INC., A NEW YORK CORPORATION VS SHAY YACOBI, ET AL.

Breach of Contract Breach of contract requires: (1) that existence of a contract; (2) plaintiff’s performance or excuse for nonperformance; (3) defendant’s breach or anticipatory breach; and (4) resulting damages. (Wall Street Network, Ltd. v. N. Y. Times Co. (2008) 164 Cal.App.4th 1171, 1178.) To meet its initial burden, Plaintiff must show, based on undisputed material facts, that it can prove the elements of breach of contract.

  • Hearing

CHARTWELL STAFFING SERVICES INC. VS WRAG-TIME AIR FREIGHT, INC., ET AL.

Demurrer on ground of uncertainty is OVERRULED. 1ST – 3rd CAUSES OF ACTION BREACH OF CONTRACT: 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.) In alleging a breach of contract cause of action, it is necessary to specify whether the contract is written, oral or implied by conduct. (CCP § 430.10(g).)

  • Hearing

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

HARI JEWELS, INC. V. SHERYL LOWE DESIGNS LLC, ET AL.

Insofar as the performance of Hari Jewels and the nonpayment by defendants is not a materially disputed issue, Hari Jewels presents sufficient evidence to meet its burden to show liability and damages whether that liability is based upon breach of express contract or common count. (See CDF Firefighters v. Maldonado (2008) 158 Cal.App.4th 1226, 1239 [elements of breach of contract]; Utility Audit Co., Inc. v.

  • Hearing

ANTHONY SMITH VS CF UNITED LLC ET AL.

“In response to this emerging trend, this bill seeks to affirm that when a company refuses to pay fees required under an employment or consumer arbitration agreement it is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel arbitration and provide procedural options to remedy the breach of contract.” (Id.)

  • Hearing

  • Judge Jayne Lee
  • County

    San Joaquin County, CA

JIYOUNG KANG, ET AL. VS U-FINE, INC., A CALIFORNIA CORPORATION, ET AL.

In this regard, we find the reasoning of a case applying the federal compulsory counterclaim statute useful: “The word ‘transaction’ in Rule 13(a) cannot be read in such a restrictive sense as to limit compulsory counterclaims in actions for breach of contract to those addressed to the specific breach on which a plaintiff bases his claim for breach.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

COLLECT ACCESS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS ASHLEE HERRING, ET AL.

Breach of Contract “[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.” (Thrifty Payless, Inc. v. The Americana at Brand, LLC (2013) 218 Cal.App.4th 1230, 1244.) Plaintiff has named Defendants Ashlee Herring and Brett Herring in this action.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

THE LAW FIRM OF FOX AND FOX VS ARTHUR DUBOSE III

Background This is a breach of contract action arising out of Plaintiff, The Law Firm of Fox and Fox’s (“Plaintiff”) representation of Defendant, Arthur Lee Dubose III (“Defendant”) in paternity actions filed in the Los Angeles County Superior Court and Sacramento County Superior Court. Plaintiff’s Complaint alleges that as of January 9, 2020, Defendant owes outstanding legal fees in the amount of $23,236.23 pursuant to the retainer agreement between the parties.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

RINGWALT & LIESCHE CO. VS INTERSTATE TRANSPORTATION INSURANCE BROKER, INC.

According to Plaintiff’s Complaint, Defendant was liable to Plaintiff for LA Class and Santiago Express’ nonpayment. Plaintiff’s operative Complaint alleges the following causes of action: (1) breach of contract – Retail Producer Agreement, (2) breach of contract – promissory note, (3) account stated, (4) goods and services rendered, (5) open book account. Plaintiff’s Complaint prays for damages in the amount of $26,151.55 plus interest.

  • Hearing

DF & RW, INC., DBA F& W FOODSERVICES VS PHILIP WEINBERGER, ET AL.

On June 5, 2019, Plaintiff filed its complaint for Breach of Contract/Alter Ego Liability, Common Count: Goods Sold and Delivered, Account Stated, Open Book Account, Reasonable Value for Goods and Services Delivered, Breach of Third Party Beneficiary Contract, Breach of Contract—Promissory Estoppel, Breach of Contract, and Reasonable Value. On July 29, 2019, Plaintiff dismissed Foothill Legacy, LLC.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

VU VS TEN PERFECT TIPS NAILS & SPA INC

As to (1), plaintiff and defendant Minh Tran signed a written contract that formed the basis of the breach of contract claim asserted in the complaint. The contract was written in Vietnamese, with an accompanying English translation. The contract was prepared by a lay person (Mr. Minh Tran) and is not a model of clarity.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

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