This is a business dispute over a license agreement. The defendants demur to the operative Complaint. The salient facts are as follows:
On or about 9/19/18, non-party Brixton Provo Mall LLC and “defendants” (there are three named defendants) entered into a written agreement whereby “defendants” agreed to “license” retail space within Brixton’s shopping mall in Utah. Defendant allegedly vacated the commercial space in advance of their termination date, causing non-party to suffer losses in excess of $25,000.
Non-party assigned its interests therein to plaintiff.
Initially, this Court notes there is no meet and confer declaration accompanying the demurrer. See CCP §430.41. However, since plaintiff has not raised the concern, this Court will forgive the omission and reach the merits.
Whether it is written, oral, or implied, the elements for breach of contract are: (1) parties capable of contracting, (2) mutual consent, (3) a lawful object, (4) sufficient cause or consideration, (5) plaint
Hearing Date
November 30, 2020
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This is a business dispute over a license agreement. The defendants demur to the operative Complaint. The salient facts are as follows:
On or about 9/19/18, non-party Brixton Provo Mall LLC and “defendants” (there are three named defendants) entered into a written agreement whereby “defendants” agreed to “license” retail space within Brixton’s shopping mall in Utah. Defendant allegedly vacated the commercial space in advance of their termination date, causing non-party to suffer losses in excess of $25,000.
Non-party assigned its interests therein to plaintiff.
Initially, this Court notes there is no meet and confer declaration accompanying the demurrer. See CCP §430.41. However, since plaintiff has not raised the concern, this Court will forgive the omission and reach the merits.
Whether it is written, oral, or implied, the elements for breach of contract are: (1) parties capable of contracting, (2) mutual consent, (3) a lawful object, (4) sufficient cause or consideration, (5) plaint