Demurrer. The Demurrer by Defendants McKennaco, Inc. dba McKenna & Company, Maureen Corona, Umetech, Inc. to the Complaint is OVERRULED. First Cause of Action for Breach of Contract: Plaintiff is incorrect in asserting the contract must be attached to the complaint. “The correct rule is that ‘a plaintiff may plead the legal effect of the contract rather than its precise language.’ . . . Accordingly, plaintiff's failure either to attach or to set out verbatim the terms of the contract was not fatal to his breach of contract cause of action.” Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4th 394, 402. “The elements of a cause of action for breach of contract are: ‘(1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff.’” Coles v. Glaser (2016) 2 Cal.App.5th 384, 391. Plaintiff has alleged facts to set forth the elements of breach of contract. Second Cause of Action for Breach of Contrac
Hearing Date
June 19, 2020
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Demurrer. The Demurrer by Defendants McKennaco, Inc. dba McKenna & Company, Maureen Corona, Umetech, Inc. to the Complaint is OVERRULED. First Cause of Action for Breach of Contract: Plaintiff is incorrect in asserting the contract must be attached to the complaint. “The correct rule is that ‘a plaintiff may plead the legal effect of the contract rather than its precise language.’ . . . Accordingly, plaintiff's failure either to attach or to set out verbatim the terms of the contract was not fatal to his breach of contract cause of action.” Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4th 394, 402. “The elements of a cause of action for breach of contract are: ‘(1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff.’” Coles v. Glaser (2016) 2 Cal.App.5th 384, 391. Plaintiff has alleged facts to set forth the elements of breach of contract. Second Cause of Action for Breach of Contrac