On 12/02/2019 EDITH DOLORES HERNANDEZ filed a Contract - Other Contract lawsuit against MARIA HERNANDEZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.
*******1003
12/02/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
HERNANDEZ EDITH DOLORES
HERNANDEZ MARIA
SANCHEZ DENNIS JOHN
2/25/2020: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)
2/25/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 02/25/2020
2/28/2020: Answer - Answer
2/28/2020: Notice of Ruling - Notice of Ruling
1/6/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike
12/2/2019: Summons - Summons on Complaint
12/2/2019: Complaint - Complaint
12/2/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
12/2/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
12/2/2019: First Amended Standing Order - First Amended Standing Order
12/2/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
Hearing12/05/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing06/01/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketAnswer; Filed by: Maria Hernandez (Defendant); As to: Edith Dolores Hernandez (Plaintiff)
DocketNotice of Ruling; Filed by: Maria Hernandez (Defendant)
DocketMinute Order (Hearing on Demurrer - without Motion to Strike)
DocketCertificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 02/25/2020; Filed by: Clerk
DocketHearing on Demurrer - without Motion to Strike scheduled for 02/25/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/25/2020; Result Type to Held
DocketHearing on Demurrer - without Motion to Strike scheduled for 02/25/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94
DocketDemurrer - without Motion to Strike; Filed by: Maria Hernandez (Defendant)
DocketComplaint; Filed by: Edith Dolores Hernandez (Plaintiff); As to: Maria Hernandez (Defendant)
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/05/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketRequest to Waive Court Fees; Filed by: Edith Dolores Hernandez (Plaintiff)
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Edith Dolores Hernandez (Plaintiff)
DocketCivil Case Cover Sheet; Filed by: Edith Dolores Hernandez (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 06/01/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
Case Number: 19STLC11003 Hearing Date: February 25, 2020 Dept: 26
Hernandez v. Hernandez, et al.
DEMURRER
(CCP § 430.31, et seq.)
TENTATIVE RULING:
Defendant Maria Hernandez’s Demurrer to the Complaint is OVERRULED. Defendant to file and serve an Answer within ten (10) days.
ANALYSIS:
Plaintiff Edith Dolores Hernandez (“Plaintiff”) filed the instant action for breach of lease agreement against Defendant Maria Hernandez (“Defendant”) on December 2, 2019. Defendant filed the instant Demurrer on January 6, 2020. To date, no opposition has been filed.
The Demurrer is accompanied by a meet and confer declaration that satisfies the requirements of Code of Civil Procedure section 430.41. (Demurrer, Sanchez Decl., ¶¶4-6.) Defendant demurs to the single cause of action for failure to allege facts sufficient to state a cause of action pursuant to Code of Civil Procedure section 430.10, subdivision (e) and uncertainty pursuant to Code of Civil Procedure section 430.10, subdivision (f).
The Court will not rule on the demurrer for uncertainty, as special demurrers are not permitted in a court of limited jurisdiction. (Code Civ. Proc., § 92, subd. (c).) Regarding the demurrer for failure to allege facts sufficient to state a cause of action, the Court finds that the elements of a breach of contract cause of action are adequately alleged. The Complaint alleged that parties entered into an oral agreement whereby Plaintiff would pay rent in exchange for “a home with all the running services expected of a habitable place and living environment.” (Compl., ¶BC-1.) Defendant allegedly breached the agreement by failing to provide a home that conforms to the standards of a habitable place. (Id. at ¶BC-2.) Plaintiff has allegedly performed her part of the agreement by paying full rent and has been damaged as a result of Defendant’s conduct. (Id. at ¶BC-3.)
The Court does not find, as Defendant contends, that there is any ambiguity in whether the Complaint pertains to an implied covenant versus an oral agreement. The Complaint plainly alleges the existence and breach of an oral agreement. Nor does the Court find that the statement in the Complaint that “more specified facts will be submitted shortly in the form of an amended complaint” to admit any defect or inadequacy in the Complaint as alleged. (Id. at ¶BC-6.) This appears to simply be a statement of additional information and proof in support of Plaintiff’s claim.
Defendant Maria Hernandez’s Demurrer to the Complaint is OVERRULED. Defendant to file and serve an Answer within ten (10) days.
Court clerk to give notice.