TENTATIVE RULING ON DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT
Robert Wyatt (“Plaintiff”) initiated this construction litigation case on August 13, 2019, against John A. Bustamante (“Bustamante”), Just Right Construction, Inc. (“Just Right”), and Western Surety Company (“Surety”), raising the following causes of action: (1) “Alter Ego Theory / Pierce the Corporate Veil”; (2) breach of contract; (3) “Unfair Competition / Illegal Business Practices”; (4) money had and received; (5) negligence; (6) breach of the implied covenant of good faith and fair dealing; (7) unjust enrichment; (8) equitable lien; and (9) constructive trust. Bustamante and Just Right are referred to collectively herein as “Defendants.”
On October 19, 2019, Defendants filed a cross-complaint against Plaintiff and his spouse for (1) foreclosure of mechanic’s lien; (2) breach of written contract; (3) breach of oral contract; (4) breach of the covenant of good faith and fair dealing; (5) assault; and
Hearing Date
March 23, 2021
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TENTATIVE RULING ON DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT
Robert Wyatt (“Plaintiff”) initiated this construction litigation case on August 13, 2019, against John A. Bustamante (“Bustamante”), Just Right Construction, Inc. (“Just Right”), and Western Surety Company (“Surety”), raising the following causes of action: (1) “Alter Ego Theory / Pierce the Corporate Veil”; (2) breach of contract; (3) “Unfair Competition / Illegal Business Practices”; (4) money had and received; (5) negligence; (6) breach of the implied covenant of good faith and fair dealing; (7) unjust enrichment; (8) equitable lien; and (9) constructive trust. Bustamante and Just Right are referred to collectively herein as “Defendants.”
On October 19, 2019, Defendants filed a cross-complaint against Plaintiff and his spouse for (1) foreclosure of mechanic’s lien; (2) breach of written contract; (3) breach of oral contract; (4) breach of the covenant of good faith and fair dealing; (5) assault; and