TENTATIVE RULING
Defendant Bahari Brothers, LLC's demurrer to plaintiff Inhale, Inc.'s second amended complaint ("SAC") is overruled. The court considered the attached signed contract, which is substantively identical to the unsigned contract requested to be judicially noticed by defendant to its demurrer to the first amended complaint and which is also to the attached SAC. Plaintiff shall file and serve a notice of errata including the signed contract within 10 days.
The demurrer to the first cause of action for breach of contract is overruled. Plaintiff specifically refers to exhibit A as the contract breached. The lease defines the commencement date as July 8, 2016, not November 2016, as defendant suggests. Possession was to be within 180 days of the commencement date. Thus, plaintiff has alleged sufficient facts to state a valid breach of contract claim for failing to deliver possession. Although defendant cites a portion of the lease which implies the landlord has no liability,
Hearing Date
January 07, 2021
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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TENTATIVE RULING
Defendant Bahari Brothers, LLC's demurrer to plaintiff Inhale, Inc.'s second amended complaint ("SAC") is overruled. The court considered the attached signed contract, which is substantively identical to the unsigned contract requested to be judicially noticed by defendant to its demurrer to the first amended complaint and which is also to the attached SAC. Plaintiff shall file and serve a notice of errata including the signed contract within 10 days.
The demurrer to the first cause of action for breach of contract is overruled. Plaintiff specifically refers to exhibit A as the contract breached. The lease defines the commencement date as July 8, 2016, not November 2016, as defendant suggests. Possession was to be within 180 days of the commencement date. Thus, plaintiff has alleged sufficient facts to state a valid breach of contract claim for failing to deliver possession. Although defendant cites a portion of the lease which implies the landlord has no liability,