Tentative ruling in department NCD on Dec. 01, 2017 in Los Angeles County, CA - Case no: xxxxx000

TENTATIVE RULING

DEMURRER

Calendar: 7

Date: 12/1/17

Case No. EC 067000 Trial Date: None Set

Case Name: The Vons Companies, Inc. v. Alton Plaza Development Company

Moving Party: Defendant Alton Plaza Development Company

Responding Party: Plaintiff The Vons Companies, Inc.

RULING:

Defendant’s Demurrer to The First Amended Complaint is SUSTAINED.

Demurrer to the first cause of action for breach of lease—specific performance is SUSTAINED WITH LEAVE TO AMEND on the ground the facts as alleged show that plaintiff lessee’s failure to exercise the option resulted entirely from its own neglect was not contributed to by defendant, which had no obligation under the attached lease to remind Vons of any deadline. [Paras. 32-32, Exs. A, B].

Demurrer to the second cause of action for breach of lease—specific performance is SUSTAINED WITHOUT LEAVE TO AMEND on the ground the term allegedly ….....