Motion: Default Hearing
Tentative Ruling:
To deny.
Explanation:
Plaintiff cannot support a cause of action for breach of contract, which is the foundation for 18% prejudgment interest.
Breach of Contract
“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.) Where “the complaint is based on a written contract, the complaint must either set forth the terms of the contract verbatim, or attach and incorporate a copy of the contract” [emphasis added] (Otworth v. Southern Pacific Transportation Co. (1985) 166 Cal.App.3d 452, 459.) The contract terms must be clear enough that the parties can understand what each is required to do. (Ladas v. Cal. State Auto Assn. (1993) 19 Cal.App.4th 761, citing Robinson & Wilson, Inc. v.
Hearing Date
May 31, 2016
Type
09 Unlimited - Other Collections
For full print and download access, please subscribe at https://www.trellis.law/.
Motion: Default Hearing
Tentative Ruling:
To deny.
Explanation:
Plaintiff cannot support a cause of action for breach of contract, which is the foundation for 18% prejudgment interest.
Breach of Contract
“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.) Where “the complaint is based on a written contract, the complaint must either set forth the terms of the contract verbatim, or attach and incorporate a copy of the contract” [emphasis added] (Otworth v. Southern Pacific Transportation Co. (1985) 166 Cal.App.3d 452, 459.) The contract terms must be clear enough that the parties can understand what each is required to do. (Ladas v. Cal. State Auto Assn. (1993) 19 Cal.App.4th 761, citing Robinson & Wilson, Inc. v.