1) Demurrer to Cross-Complaint 2) Motion to Strike Cross-Complaint The Demurrer by Cross-Defendant GMP Laboratories of America, Inc. to Metaformula International, Inc.’s Cross-Complaint is overruled as to the first, second, and fourth causes of action. It is sustained with 15 days leave to amend as to the third cause of action.
GMP’s motion to strike portions of the Cross-Complaint is denied.
Demurrer First Cause of Action for Breach of Written 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. First Commercial Mortgage Co. v. Reece, 89 Cal. App. 4th 731, 745 (2001).
A written contract may be pleaded either by its terms—set out verbatim in the complaint or a copy of the contract attached to the complaint and incorporated therein by reference—or by its legal effect. Holcomb v. Wells Fargo Bank, NA (2007) 155 Cal. App. 4th 490, 501. An oral contract may be plead