1) Demurrer to Amended Complaint
2) Status Conference
Defendant Avanti Notary Service’s demurrer to the third cause of action for breach of contract in Plaintiff Capital Benefit, Inc.’s Second Amended Complaint (“SAC”) is sustained with 15 days leave to amend.
The elements of breach of contract are (1) parties capable of contacting, (2) their consent, (3) a lawful object, (4) sufficient cause or consideration, (5) plaintiff’s performance or excuse for failure to perform, (6) defendant’s breach, and (7) damage. Civ. Code §§ 1550, 1605; CDF Firefighters v. Maldonado (2008) 158 Cal. App. 4th 1226, 1239. 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 pleaded generally as to its effect because it is rarely possible to allege the exact words. Khoury
Hearing Date
May 24, 2021
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1) Demurrer to Amended Complaint
2) Status Conference
Defendant Avanti Notary Service’s demurrer to the third cause of action for breach of contract in Plaintiff Capital Benefit, Inc.’s Second Amended Complaint (“SAC”) is sustained with 15 days leave to amend.
The elements of breach of contract are (1) parties capable of contacting, (2) their consent, (3) a lawful object, (4) sufficient cause or consideration, (5) plaintiff’s performance or excuse for failure to perform, (6) defendant’s breach, and (7) damage. Civ. Code §§ 1550, 1605; CDF Firefighters v. Maldonado (2008) 158 Cal. App. 4th 1226, 1239. 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 pleaded generally as to its effect because it is rarely possible to allege the exact words. Khoury