This case was last updated from Los Angeles County Superior Courts on 09/04/2021 at 01:41:22 (UTC).

ILKA K. AVRAMOV, AS TRUSTEE OF THE ILKA K. AVRAMOV & BOGIDAR V. AVRAMOV REVOCABLE FAMILY TRUST VS TRUSTED HANDS HOME HEALTH INC., ET AL.

Case Summary

On 01/13/2020 ILKA K AVRAMOV, AS TRUSTEE OF THE ILKA K AVRAMOV BOGIDAR filed a Contract - Other Contract lawsuit against AVRAMOV REVOCABLE FAMILY TRUST. 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 Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0332

  • Filing Date:

    01/13/2020

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiffs and Cross Defendants

ILKA K. AVRAMOV AS TRUSTEE OF THE ILKA K. AVRAMOV & BOGIDAR V. AVRAMOV REVOCABLE FAMILY TRUST

VII COMMERCIAL CORPORATION

NATHANSON TODD

Cross Plaintiffs and Defendants

YENGIBARYAN ARMINE

TRUSTED HANDS HOME HEALTH INC.

VII COMMERCIAL CORPORATION A CALIFORNIA CORPORATION

Not Classified By Court and Cross Defendants

NATHANSON TODD

VII COMMERCIAL CORPORATION A CALIFORNIA CORPORATION

Attorney/Law Firm Details

Defendant, Plaintiff and Cross Defendant Attorneys

APOLLO ADAM MICHAEL

APOLLO ADAM

Cross Plaintiff, Defendant and Cross Defendant Attorneys

BOULGOURJIAN RAFFY

APOLLO ADAM MICHAEL

Cross Plaintiff and Defendant Attorney

BOULGOURJIAN RAFFY

 

Court Documents

Substitution of Attorney - Substitution of Attorney

8/3/2021: Substitution of Attorney - Substitution of Attorney

Trial Brief - Trial Brief Amended

7/9/2021: Trial Brief - Trial Brief Amended

Exhibit List - Exhibit List Second Amended

7/9/2021: Exhibit List - Exhibit List Second Amended

Witness List - Witness List Amended

7/9/2021: Witness List - Witness List Amended

Trial Brief - Trial Brief

7/7/2021: Trial Brief - Trial Brief

Exhibit List - Exhibit List

7/7/2021: Exhibit List - Exhibit List

Ex Parte Application (name extension) - Ex Parte Application to set aside dismissal

6/9/2021: Ex Parte Application (name extension) - Ex Parte Application to set aside dismissal

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

5/5/2021: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Notice (name extension) - Notice OF CONTINUANCE OF DEMURRER HEARING & ORDER TO FILE JOINT STATEMENT

4/9/2021: Notice (name extension) - Notice OF CONTINUANCE OF DEMURRER HEARING & ORDER TO FILE JOINT STATEMENT

Reply (name extension) - Reply CROSS-DEFENDANTS REPLY TO THE OPPOSITION TO DEMUR TO CROSS COMPLAINANTS FIRST AMENDED CROSS-COMPLAINT

1/15/2021: Reply (name extension) - Reply CROSS-DEFENDANTS REPLY TO THE OPPOSITION TO DEMUR TO CROSS COMPLAINANTS FIRST AMENDED CROSS-COMPLAINT

Request for Judicial Notice - Request for Judicial Notice

8/20/2020: Request for Judicial Notice - Request for Judicial Notice

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 05/12/2020

5/12/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 05/12/2020

Minute Order - Minute Order (Court Order)

5/12/2020: Minute Order - Minute Order (Court Order)

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

5/1/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Proof of Service by Substituted Service - Proof of Service by Substituted Service

5/6/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Declaration (name extension) - Declaration RE: INABILITY TO MEET AND CONFER AND STATUTORY 30 DAY EXTENSION TO RESPOND TO CROSSCOMPLAINT PURSUANT TO CCP 430.41

4/3/2020: Declaration (name extension) - Declaration RE: INABILITY TO MEET AND CONFER AND STATUTORY 30 DAY EXTENSION TO RESPOND TO CROSSCOMPLAINT PURSUANT TO CCP 430.41

Cross-Complaint - Cross-Complaint

4/2/2020: Cross-Complaint - Cross-Complaint

Complaint - Complaint

1/13/2020: Complaint - Complaint

41 More Documents Available

 

Docket Entries

  • 10/07/2021
  • Hearing10/07/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Attorney Fees

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  • 09/01/2021
  • DocketUpdated -- Substitution of Attorney: As To Parties: removed

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  • 09/01/2021
  • DocketUpdated -- Substitution of Attorney: As To Parties: removed

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  • 09/01/2021
  • DocketRequest for Dismissal; Filed by: Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust (Plaintiff)

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  • 09/01/2021
  • DocketOn the Complaint filed by Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust on 01/13/2020, entered Request for Dismissal without prejudice filed by Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust as to the entire action

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  • 09/01/2021
  • DocketMinute Order (Non-Jury Trial;)

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  • 09/01/2021
  • DocketCertificate of Mailing for (Non-Jury Trial;) of 09/01/2021; Filed by: Clerk

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  • 09/01/2021
  • DocketAddress for Raffy Boulgourjian (Attorney) updated

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  • 09/01/2021
  • DocketNon-Jury Trial scheduled for 09/01/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Court on 09/01/2021

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  • 08/03/2021
  • DocketSubstitution of Attorney; Filed by: Trusted Hands Home Health Inc. (Cross-Complainant)

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63 More Docket Entries
  • 04/02/2020
  • DocketCross-Complaint; Filed by: Trusted Hands Home Health Inc. (Defendant); As to: Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust (Plaintiff)

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  • 02/28/2020
  • DocketAnswer; Filed by: Trusted Hands Home Health Inc. (Defendant); Armine Yengibaryan (Defendant); As to: Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust (Plaintiff)

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  • 01/13/2020
  • DocketSummons on Complaint; Issued and Filed by: Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust (Plaintiff); As to: Trusted Hands Home Health Inc. (Defendant); Armine Yengibaryan (Defendant)

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  • 01/13/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/17/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/13/2020
  • DocketNon-Jury Trial scheduled for 07/12/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/13/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/13/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/13/2020
  • DocketCivil Case Cover Sheet; Filed by: Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust (Plaintiff); As to: Trusted Hands Home Health Inc. (Defendant); Armine Yengibaryan (Defendant)

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  • 01/13/2020
  • DocketComplaint; Filed by: Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust (Plaintiff); As to: Trusted Hands Home Health Inc. (Defendant); Armine Yengibaryan (Defendant)

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  • 01/13/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 20STLC00332    Hearing Date: May 5, 2021    Dept: 26

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Demurrer of Cross-Defendants Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust, VII Commercial Corporation and Todd Nathanson to the First Amended Cross-Complaint of Cross-Complainants Trusted Hands Home Health Inc. and Armine Yengibaryan is SUSTAINED WITHOUT LEAVE TO AMEND.

ANALYSIS:

On January 13, 2020, Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust filed the instant action against Trusted Hands Home Health Inc. and Armine Yengibaryan. On April 2, 2020, Trusted Hands Home Health Inc. and Armine Yengibaryan (hereinafter “Cross-Complainants”) filed a Cross-Complaint against Avramov, VII Commercial Corporation and Todd Nathanson (hereinafter “Cross-Defendants”).

On August 27, 2020, the Court sustained Cross-Defendants’ demurrer to the Cross-Complaint with leave to amend the breach of contract cause of action, and without leave to amend the declaratory relief cause of action. Cross-Complainants filed the First Amended Cross-Complaint on September 21, 2020.

On October 13, 2020, Cross-Defendants filed the instant Demurrer to the First Amended Cross-Complaint. Cross-Complainants filed an opposition on January 8, 2021 and Cross-Defendants replied on January 13, 2021.

The Demurrer came for hearing on March 5, 2021 and was continued to allow the parties to meet and confer as required by Code of Civil Procedure section 430.41. The parties filed statements of the case on April 9 and 19, 2021, and a meet and confer declaration on April 20, 2021.

Discussion

The Court finds that the Demurrer is now accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (2nd Apollo Decl., filed 04/20/20, ¶¶3-7.) Cross-Defendants demur to the First Amended Cross-Complaint for failure to allege sufficient facts to state a cause of action (Code Civ. Proc., § 430.10, subd. (e)).

The First Amended Cross-Complaint alleges a single cause of action for breach of the parties’ lease agreement (“the Lease”). Specifically, that despite Cross-Complainants’ performance of all obligations, Cross-Defendants materially breached the Lease by failing to account for $6,000.00 in rent paid. (FACC, ¶¶13-16.) As a result, Cross-Complainants have allegedly been damaged in the amount of $6,000.00 they overpaid in rent. (Id. at ¶16.)

1st Cause of Action for Breach of Contract

Cross-Defendants VII Commercial Corporation and Nathanson argue that the Lease, which is attached as Exhibit 1 to the Complaint, does not show they are parties to the agreement. Therefore, the demurrer argues Cross-Complainants have not alleged the existence of any agreement involving Cross-Defendants VII Commercial Corporation and Nathanson. In sustaining the demurrer to the Cross-Complainant, the Court noted that there were no allegations that Cross-Defendants VII Commercial Corporation and Nathanson were parties to the Lease and the Lease itself was expressly between Cross-Complainants and Cross-Defendant Avramov. (Minute Order, 8/27/20.)

In order to overcome that the Lease was apparently signed by Cross-Defendants VII Commercial Corporation and Nathanson on behalf of Cross-Defendant Avramov and to assign liability to the signing agents, Cross-Complainants must allege facts showing that credit was given personally to the agent in the transaction or that the agent did not have a good faith belief in his or her authority to sign for the principal. (Civ. Code, § 2343, subds. (1), (2).)

There are no facts alleged to show Cross-Defendants VII Commercial Corporation and Nathanson were personally credited in the Lease or entered into the Lease without good faith authority. The First Amended Cross-Complaint adds a single paragraph regarding these circumstances that makes two conclusory statements: “Upon information and belief, Cross-Defendants VII Commercial Corporation and Todd Nathanson were personally credited in the lease agreement” and also upon information and belief that “Cross-Defendants VII Commercial Corporation and Todd Nathanson have acted without good faith of their scope as agents of Ilka K. Avramov.” (FACC, ¶6.) Conclusions of fact or law, like those set forth in paragraph 6, are not accepted as true on demurrer. (Barnett v. Fireman's Fund Ins. Co. (2001) 90 Cal.App.4th 500, 505.) No additional facts are alleged to support these conclusions, such as what part of the Lease personally credited Cross-Defendants VII Commercial Corporation and Nathanson or how Cross-Defendants VII Commercial Corporation and Nathanson went beyond the scope of their agency. The First Amended Cross-Complaint, therefore, fails to allege a cause of action for breach of contract against Cross-Defendants VII Commercial Corporation and Nathanson.

As with the demurrer to the Cross-Complaint, the instant Demurrer also argues that the First Amended Cross-Complaint fails to allege damages because Cross-Complainants were previously in arrears on rent and their alleged $6,000.00 overpayment of rent did not create a surplus. Cross-Defendants contend this is demonstrated by the judgment in an unlawful detainer action between the parties, which bars this action under the doctrine of collateral estoppel. The Court grants Cross-Defendants’ Request for Judicial Notice of the judgment in Avramov v. Trusted Hands Home Health, Inc., et al., LASC Case No. 19VEUD02318 (“the Unlawful Detainer judgment”). (Cal. Evid. Code, § 452, subd. (d).)

“Collateral estoppel, or issue preclusion, ‘precludes relitigation of issues argued and decided in prior proceedings.’ [Citation.]” (Zevnik v. Superior Court (2008) 159 Cal.App.4th 76, 82 (Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 896).) The Court previously found that the judgment in the Unlawful Detainer action determined the amount of rent owed to Cross-Defendant Avramov and any claim that Cross-Complainants overpaid rent by $6,000.00 should have been resolved at that time. (Minute Order, 08/27/20.) In order to overcome this, Cross-Complainants must allege facts demonstrating that the issue of overpayment of rent was not resolved in the unlawful detainer action. Again, the First Amended Complaint relies on conclusory facts by simply alleging that “[t]he trial court did not adjudicate the issue of $6,000.00 overpayment in rent.” (FACC, ¶8.) Cross-Complainants offer no specific facts regarding the allegations or proceedings in the unlawful detainer action, nor make any citation to the documents on file in that action to demonstrate that the overpayment of rent was not litigated. Therefore, the breach of contract cause of action is also barred as to all Cross-Defendants for failure to allege the element of damages.

Conclusion

Demurrer of Cross-Defendants Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust, VII Commercial Corporation and Todd Nathanson to the First Amended Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Moving party to give notice.

Case Number: 20STLC00332    Hearing Date: August 27, 2020    Dept: 26

Avramov v. Trusted Hands Home Health Inc., et al

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Demurrer of Cross-Defendants Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust, VII Commercial Corporation and Todd Nathanson is SUSTAINED AS TO THE FIRST CAUSE OF ACTION FOR BREACH OF CONTRACT WITH 20 DAYS’ LEAVE TO AMEND; SUSTAINED WITHOUT LEAVE TO AMEND AS TO THE SECOND CAUSE OF ACTION FOR DECLARATORY RELIEF.

ANALYSIS:

On January 13, 2020, Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust filed the instant action against Trusted Hands Home Health Inc. and Armine Yengibaryan. On April 2, 2020, Trusted Hands Home Health Inc. and Armine Yengibaryan (hereinafter “Cross-Complainants”) filed a Cross-Complaint against Avramov, VII Commercial Corporation and Todd Nathanson (hereinafter “Cross-Defendants”).

On May 1, 2020, Cross-Defendants filed the instant Demurrer to the Cross-Complaint. Cross-Complainants filed an opposition on August 13, 2020 and Cross-Defendants replied on August 20, 2020.

Discussion

The Court finds that the Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Apollo Decl., filed 04/03/20, ¶3.) Cross-Defendants demur to the Cross-Complaint for failure to allege sufficient facts to state a cause of action (Code Civ. Proc., § 430.10, subd. (e)).

The Cross-Complaint alleges causes of action for (1) breach of contract; and (2) declaratory relief. Specifically, the Cross-Complaint alleges that the parties entered into a lease agreement (“the Lease”), and that despite Cross-Complainants’ performance of all obligations, Cross-Defendants materially breached the Lease by failing to account for $6,000.00 in rent paid. (Cross-Compl., ¶¶10-12.) As a result, Cross-Complainants have allegedly been damaged in the amount of $6,000.00 they overpaid in rent. (Id. at ¶13.) The Cross-Complaint also alleges that a controversy has arisen between the parties regarding their rights and obligations under the Lease. (Id. at ¶¶14-15.)

1st Cause of Action for Breach of Contract

Cross-Defendants VII Commercial Corporation and Nathanson argue that the Lease, which is attached to the Cross-Complaint, does not show they are parties to the agreement. Therefore, the demurrer argues Cross-Complainants have not alleged the existence of any agreement involving Cross-Defendants VII Commercial Corporation and Nathanson.

The Cross-Complaint does not state a cause of action for breach of contract against Cross-Defendants VII Commercial Corporation and Nathanson. The Cross-Complaint itself does not allege facts showing the existence of an agreement to which Cross-Defendants VII Commercial Corporation and Nathanson are a party. Rather, it alleges that “Cross-Defendant Ilka Abramov, by and through her duly authorized managers, VII Commercial Corporation and Nathanson; entered into a lease that is attached to the Complaint . . . .” (Cross-Compl., ¶¶4, 10.) These allegations comport with the language of the Lease itself. (Compl., Exh. 1.) As the Lease is referenced in the Cross-Complaint it is incorporated by reference in the pleadings and the Court may consider its contents on demurrer.

Cross-Complainants, therefore, clearly allege that Cross-Defendants VII Commercial Corporation and Nathanson signed the lease in their representative capacity on behalf of “Ilka Abramov.” “Abramov” is presumable a typographically error and should refer to “Ilka K. Avramov.” No facts are alleged that would show the Lease obligations extend to the Cross-Defendants VII Commercial Corporation and Nathanson.

Cross-Complainants cite to Civil Code section 2343 for the proposition that an agent can be liable in principal when his or her acts are wrongful. (Civ. Code, § 2343, subd. (1).) The full language of the statute, however, is as follows:

Agent's responsibility to third persons. One who assumes to act as an agent is responsible to third persons as a principal for his acts in the course of his agency, in any of the following cases, and in no others:

1. When, with his consent, credit is given to him personally in a transaction;

2. When he enters into a written contract in the name of his principal, without believing, in good faith, that he has authority to do so; or,

3. When his acts are wrongful in their nature.

(Civ. Code, § 2343.) Only the first two paragraphs apply to contractual obligations, whereas the third applies to tortous conduct. (See Bayuk v. Edson (1965) 236 Cal.App.2d 309, 320.) There are no facts alleged to show Cross-Defendants VII Commercial Corporation and Nathanson were personally credited in the Lease or entered into the Lease without good faith authority.

The demurrer also argues the Cross-Complaint fails to allege damages because despite overpayment of rent, Cross-Complainants were previously in arrears on rent and the $6,000.00 did not create a surplus. Cross-Complainants contend this is demonstrated by the judgment in an unlawful detainer action between the parties, which bars this action under the doctrine of collateral estoppel. The Court grants Cross-Complainants’ Request for Judicial Notice of the judgment in Avramov v. Trusted Hands Home Health, Inc., et al., LASC Case No. 19VEUD02318 (“the Unlawful Detainer judgment”). (Cal. Evid. Code, § 452, subd. (d).)

"Collateral estoppel, or issue preclusion, ‘precludes relitigation of issues argued and decided in prior proceedings.’ [Citation.]” (Zevnik v. Superior Court (2008) 159 Cal.App.4th 76, 82 (Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 896).) The judgment in the Unlawful Detainer action determined the amount of rent owed Cross-Defendant and any claim to overpaid rent should have been resolved at that time. While it is not clear from the Unlawful Detainer judgment that the issue of overpayment was argued on the merits and finally determined, in light of the existence of the Unlawful Detainer action, Cross-Complainants must allege that the issue of overpayment of rent was not resolved. Cross-Complainants’ reliance on Civil Code section 1952, subdivision (b) is also not persuasive; that statute creates an exception for lessors to bring a separate action for unpaid rent. (Civ. Code, § 1952, subd. (b).) There is no authority that holds this exception applies to tenants like Cross-Complainants seeking to recover allegedly overpaid rent.

The demurrer to the first cause of action for breach of contract is sustained with leave to amend.

2nd Cause of Action for Declaratory Relief

The second cause of action for declaratory relief fails to allege any facts beyond the existence of a dispute regarding the parties’ obligations under the Lease. (Cross-Compl., ¶¶13-14.) A cause of action for declaratory relief must specifically allege that an actual, present controversy exists and the facts of the respective claims concerning the disputed subject matter. (City of Cotati v. Cashman (2002) 29 Cal.4th 69, 79.) Importantly, a declaratory relief claim should not be used to determine issues that are already engaged by other causes of action. (Hood v. Superior Court (1995) 33 Cal.App.4th 319, 324.)

Here, the declaratory relief cause of action improperly seeks an adjudication of the issues raise in the cause of action for breach of contract. Therefore, the demurrer to the second cause of action for declaratory relief is sustained without leave to amend.

Conclusion

Demurrer of Cross-Defendants Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust, VII Commercial Corporation and Todd Nathanson is SUSTAINED AS TO THE FIRST CAUSE OF ACTION FOR BREACH OF CONTRACT WITH 20 DAYS’ LEAVE TO AMEND; SUSTAINED WITHOUT LEAVE TO AMEND AS TO THE SECOND CAUSE OF ACTION FOR DECLARATORY RELIEF.

Moving party to give notice.

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