MOTION NO. 1: Defendants Kelley Yasbek and Steven Yasbek filed a demurrer to the (1) First Cause of Action for Breach of Written Contract; (2) Second Cause of Action for Breach of Oral Contract; (3) Third Cause of Action for Common Counts; (4) Fourth Cause of Action for Common Counts; (5) Fifth Cause of Action for Unjust Enrichment; and (6) Sixth Cause of Action for Foreclosure of Mechanic’s Lien alleged in the Plaintiff South Coast Restoration, Inc.’s Complaint. Code Civ. Proc. §§ 430.10(e) and (f).
Defendants’ request for judicial notice of Ex. A is GRANTED.
First Cause of Action for Breach of Contract: “To state a cause of action for breach of contract, a party must plead the existence of a contract, his or her performance of the contract or excuse for nonperformance, the defendant’s breach and resulting damage.” (Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 307). “If the action is based on alleged breach of a written contract, the terms must be set out verbatim in th