(1) DEMURRER TO THE CROSS-COMPLAINT
TENTATIVE RULING: Cross-defendant Rang Dong Winery’s demurrer to the first
cause of action for breach of implied-in-fact contract/unjust enrichment on the ground of failure to state sufficient facts is OVERRULED. The difference between an express and implied agreement is “the terms of an express contract are stated in words, while those of an implied agreement are manifested by conduct.” (Youngman v. Nevada Irrigation Dist. (1969) 70 Cal.2d 240, 246.) “In pleading a cause of action on an agreement implied from conduct, only the facts from which the promise is implied must be alleged.” (Id. at pp. 246-47.) Cross-defendant argues cross-complainant Angelena Checchi “fails to allege any conduct whatever [sic] to support an inference” that there was an implied contract. (Dem. at p. 5:22-25.) No so.
On December 1, 2016, Checchi and cross-defendant entered into a remodel agreement.1 (Cross-Compl., ¶ 9.) Under the remodel agreement, cross-defendant agreed to
Hearing Date
October 12, 2018
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(1) DEMURRER TO THE CROSS-COMPLAINT
TENTATIVE RULING: Cross-defendant Rang Dong Winery’s demurrer to the first
cause of action for breach of implied-in-fact contract/unjust enrichment on the ground of failure to state sufficient facts is OVERRULED. The difference between an express and implied agreement is “the terms of an express contract are stated in words, while those of an implied agreement are manifested by conduct.” (Youngman v. Nevada Irrigation Dist. (1969) 70 Cal.2d 240, 246.) “In pleading a cause of action on an agreement implied from conduct, only the facts from which the promise is implied must be alleged.” (Id. at pp. 246-47.) Cross-defendant argues cross-complainant Angelena Checchi “fails to allege any conduct whatever [sic] to support an inference” that there was an implied contract. (Dem. at p. 5:22-25.) No so.
On December 1, 2016, Checchi and cross-defendant entered into a remodel agreement.1 (Cross-Compl., ¶ 9.) Under the remodel agreement, cross-defendant agreed to