Demurrer to Complaint
Tentative Ruling: Defendant, Louis Nealon’s Demurrer to the Complaint filed by plaintiff, Timothy Petroff (“plaintiff” or “Petroff”) is SUSTAINED, in part, OVERRULED in part. Plaintiff, Timothy Petroff to file an amended complaint within 10 days of the date of this order. First COA (Breach of Pooling Agreement and Accounting): The standard elements of a claim for breach of contract are: (1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) damage to plaintiff therefrom. (Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal. App. 4th 1171, 1178.) To allege the existence of a contract, the pleading must show “a voluntary and lawful agreement, by competent parties, for a good consideration, to do or not to do a specified thing.” (Robinson v. Magee (1858) 9 Cal. 81, 83.) Moreover, the complainant must allege its performance as a condition predicate of the accused party’s duty to perform (Consolidated Worl
Hearing Date
October 20, 2020
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Demurrer to Complaint
Tentative Ruling: Defendant, Louis Nealon’s Demurrer to the Complaint filed by plaintiff, Timothy Petroff (“plaintiff” or “Petroff”) is SUSTAINED, in part, OVERRULED in part. Plaintiff, Timothy Petroff to file an amended complaint within 10 days of the date of this order. First COA (Breach of Pooling Agreement and Accounting): The standard elements of a claim for breach of contract are: (1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) damage to plaintiff therefrom. (Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal. App. 4th 1171, 1178.) To allege the existence of a contract, the pleading must show “a voluntary and lawful agreement, by competent parties, for a good consideration, to do or not to do a specified thing.” (Robinson v. Magee (1858) 9 Cal. 81, 83.) Moreover, the complainant must allege its performance as a condition predicate of the accused party’s duty to perform (Consolidated Worl