Tentative ruling for October 7, 2019 on Defendant Lantana Associates, LLC's (1) Demurrer to the Second Amended Complaint; and (2) Motion to Strike Portions of the Second Amended Complaint
Defendant Lanatana Associates, LLC's Demurrer to the Second Amended Complaint (SAC) Sustain the demurrer as to Plaintiffs Onesimo Cruz, William Cruz, Melany Cruz, Abraham Cruz and Maria Casilla's first cause of action for breach of contract, which fails to allege facts sufficient to constitute a cause of action. It cannot be ascertained from the pleadings whether the alleged lease agreement was written, oral or implied by conduct; no agreement is attached nor are the relevant terms alleged. CCP §430.10(e) and (g). The court will allow one last chance to amend. The Cruz Plaintiffs must allege whether the lease agreement was written, oral, or implied, and also attach the agreement to the complaint or allege its terms.
Sustain as to the second cause of action for breach of implied warranty of habitabilit
Hearing Date
October 07, 2019
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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Tentative ruling for October 7, 2019 on Defendant Lantana Associates, LLC's (1) Demurrer to the Second Amended Complaint; and (2) Motion to Strike Portions of the Second Amended Complaint
Defendant Lanatana Associates, LLC's Demurrer to the Second Amended Complaint (SAC) Sustain the demurrer as to Plaintiffs Onesimo Cruz, William Cruz, Melany Cruz, Abraham Cruz and Maria Casilla's first cause of action for breach of contract, which fails to allege facts sufficient to constitute a cause of action. It cannot be ascertained from the pleadings whether the alleged lease agreement was written, oral or implied by conduct; no agreement is attached nor are the relevant terms alleged. CCP §430.10(e) and (g). The court will allow one last chance to amend. The Cruz Plaintiffs must allege whether the lease agreement was written, oral, or implied, and also attach the agreement to the complaint or allege its terms.
Sustain as to the second cause of action for breach of implied warranty of habitabilit