Telenet VoIP, Inc. v. Montebello Unified School District, et al. 19STCV33443

Demurrer to First Amended Cross-Complaint by Plaintiff and Cross-Defendant Telenet VOIP, Inc.: the court SUSTAINS the demurrer with 20 days’ leave to amend.

Background

This case arises in connection with a written agreement (the Prime Contract) that Plaintiff Telenet VoIP, Inc. (hereinafter Telenet or Plaintiff) allegedly entered into with Defendant the Montebello Unified School District (hereinafter the District or Defendant) to perform certain public contract work on the project, commonly described as the “Districtwide Network Cable Project” (the Project). (Compl. ¶ 5, Ex. A.) According to Plaintiff Telenet, it has performed its scope of work, without limitation, at 7 schools. (Compl. ¶ 6.) Plaintiff allegedly submitted pay application no. 10 to Defendant on or about February 25, 2019, in the amount of $606,761.82, and allegedly submitted pay application no. 11 to Defendant on or about March 25, 2019, in