(1) Demurrer to Second Amended Cross-Complaint (2) Demurrer to Second Amended Cross-Complaint
Tentative Ruling: (1) Cross-Defendant Spectrum Property Services, Inc.’s demurrer to the Second Amended Cross-Complaint of Barbara Rodarte is SUSTAINED with leave to amend.
Spectrum Property Services, Inc. (“Spectrum”) demurs to the 1st COA (breach of contract). The elements of breach of contract are (1) existence of a contract, (2) plaintiff’s performance or excuse from non-performance, (3) breach by defendant, and (4) damages. (Coles v. Glaser (2016) 2 Cal.App.5th 384, 391.)
To the extent that Rodarte alleges a breach of contract based on her standing as a third-party beneficiary of a contract between Spectrum, on the one hand, and Aliso Villas and/or Accell, on the other hand, the COA fails because the first and second elements are not adequately alleged.
To the extent Rodarte alleges a breach of contract based on her standing as a direct party to a contract with Spectrum, the COA also fail
Hearing Date
December 09, 2020
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(1) Demurrer to Second Amended Cross-Complaint (2) Demurrer to Second Amended Cross-Complaint
Tentative Ruling: (1) Cross-Defendant Spectrum Property Services, Inc.’s demurrer to the Second Amended Cross-Complaint of Barbara Rodarte is SUSTAINED with leave to amend.
Spectrum Property Services, Inc. (“Spectrum”) demurs to the 1st COA (breach of contract). The elements of breach of contract are (1) existence of a contract, (2) plaintiff’s performance or excuse from non-performance, (3) breach by defendant, and (4) damages. (Coles v. Glaser (2016) 2 Cal.App.5th 384, 391.)
To the extent that Rodarte alleges a breach of contract based on her standing as a third-party beneficiary of a contract between Spectrum, on the one hand, and Aliso Villas and/or Accell, on the other hand, the COA fails because the first and second elements are not adequately alleged.
To the extent Rodarte alleges a breach of contract based on her standing as a direct party to a contract with Spectrum, the COA also fail