Calendar Line No. 1

Demurrer to the Complaint by Defendant William Kennedy

Factual and Procedural Background

This is a breach of contract case.

According to the complaint, judgment was entered in a civil action titled Sanborn v. Weeks Street, LLC (2005-1-CV-055206) (“2005 Action”) in Santa Clara County on August 16, 2007. (See Complaint at Ex. A.) The Weeks Street project is defined as that residential project consisting of twenty-nine (29) houses on an approved subdivision map titled “1060 Weeks Street, East Palo Alto” as recorded in San Mateo County. (Ibid.)

On March 27, 2008, plaintiff Elizabeth Sanborn dba Benchmark Realty Advisors (“Sanborn”) and defendant William Kennedy (“Kennedy”) entered into a written agreement where Kennedy personally guaranteed payment of the judgment. (See Complaint at Ex. A.) The agreement provides in part:

Mr. Kennedy has agreed to execute a personal guarantee of the judgment against Weeks Street, LLC, provided that the personal guarantee may not b