Defendant's demurrer to the second cause of action in Plaintiff's First Amended Complaint is sustained without leave to amend for failure to state a cause of action. Plaintiffs have failed to allege conduct undertaken by Defendant - apart from failure to pay rent in full each month - that prevented Plaintiffs from obtaining the benefits that Plaintiffs were entitled to receive under the contract. The allegations in paragraph 26 of the First Amended Complaint amount to no more than a claim of failure to pay rent. Defendant shall prepare a form of Order consistent with this ruling.
Hearing Date
August 12, 2020
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Defendant's demurrer to the second cause of action in Plaintiff's First Amended Complaint is sustained without leave to amend for failure to state a cause of action. Plaintiffs have failed to allege conduct undertaken by Defendant - apart from failure to pay rent in full each month - that prevented Plaintiffs from obtaining the benefits that Plaintiffs were entitled to receive under the contract. The allegations in paragraph 26 of the First Amended Complaint amount to no more than a claim of failure to pay rent. Defendant shall prepare a form of Order consistent with this ruling.