Defendants Rajiv and Sadhana Garg’s demurrer to the first and second causes of action of Plaintiff Veena Garg’s First Amended Complaint (“FAC”) is overruled.
Breach of Contract (First Cause of Action)
Defendants demur to the breach of contract claim on the basis that it seeks an improper remedy. (Demurrer, at pp. 3 & 5.) “A demurrer is not the appropriate vehicle to challenge a portion of a cause of action demanding an improper remedy.” (Caliber Bodyworks, Inc. v. Superior Court (2005) 134 Cal.App.4th 365, 384, disapproved on other grounds in ZB, N.A. v. Superior Court (2019) 8 Cal.5th 175; see also Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 163-164.) Accordingly, the demurrer as to the first cause of action is overruled.
Quiet Title (Second Cause of Action)
Defendants assert that Plaintiff has failed to allege a claim for quiet title because Plaintiff has failed to allege a present interest in the property. (Demurrer, at p. 5.) Code of Civil Procedure section 760.020, subdiv