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This case was last updated from Los Angeles County Superior Courts on 04/14/2021 at 13:07:57 (UTC).

JENNIFER GOEBEL VS ATHAS CAPITAL GROUP, INC.

Case Summary

On 11/30/2020 JENNIFER GOEBEL filed a Contract - Other Contract lawsuit against ATHAS CAPITAL GROUP, INC. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9952

  • Filing Date:

    11/30/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

GOEBEL JENNIFER

Defendant

ATHAS CAPITAL GROUP INC.

Attorney/Law Firm Details

Defendant Attorney

MCELROY JESSICA

 

Court Documents

Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

4/6/2021: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint) Proof of Electronic Service

3/22/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint) Proof of Electronic Service

Notice of Ruling - Notice of Ruling

3/9/2021: Notice of Ruling - Notice of Ruling

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

3/4/2021: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Reply (name extension) - Reply ISO Demurrer

2/25/2021: Reply (name extension) - Reply ISO Demurrer

Declaration (name extension) - Declaration Decl of Jessica McElroy in Support of Demurrer

1/11/2021: Declaration (name extension) - Declaration Decl of Jessica McElroy in Support of Demurrer

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

1/11/2021: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Response (name extension) - Response and opposition to Athas Capital Group Inc.'s Demurrer

1/19/2021: Response (name extension) - Response and opposition to Athas Capital Group Inc.'s Demurrer

Civil Case Cover Sheet - Civil Case Cover Sheet

11/30/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

11/30/2020: Complaint - Complaint

Summons - Summons on Complaint

11/30/2020: Summons - Summons on Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

11/30/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

11/30/2020: First Amended Standing Order - First Amended Standing Order

1 More Documents Available

 

Docket Entries

  • 05/31/2022
  • Hearing05/31/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 04/06/2021
  • DocketNotice of Rejection - Pleadings; Filed by: Clerk

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  • 04/02/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/04/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 01/11/2021

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  • 03/22/2021
  • DocketProof of Service (not Summons and Complaint) Proof of Electronic Service; Filed by: Jennifer Goebel (Plaintiff); As to: Athas Capital Group, Inc. (Defendant)

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  • 03/09/2021
  • DocketNotice of Ruling; Filed by: Athas Capital Group, Inc. (Defendant)

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  • 03/04/2021
  • DocketUpdated -- Demurrer - without Motion to Strike: Filed By: Athas Capital Group, Inc. (Defendant); Result: Sustained with Leave to Amend; Result Date: 03/04/2021

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  • 03/04/2021
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

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  • 03/04/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 03/04/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/04/2021; Result Type to Held

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  • 02/25/2021
  • DocketReply ISO Demurrer; Filed by: Athas Capital Group, Inc. (Defendant)

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  • 01/19/2021
  • DocketResponse and opposition to Athas Capital Group Inc.'s Demurrer; Filed by: Jennifer Goebel (Plaintiff)

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1 More Docket Entries
  • 01/11/2021
  • DocketDeclaration Decl of Jessica McElroy in Support of Demurrer; Filed by: Athas Capital Group, Inc. (Defendant)

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  • 01/11/2021
  • DocketDemurrer - without Motion to Strike; Filed by: Athas Capital Group, Inc. (Defendant)

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  • 11/30/2020
  • DocketComplaint; Filed by: Jennifer Goebel (Plaintiff); As to: Athas Capital Group, Inc. (Defendant)

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  • 11/30/2020
  • DocketCivil Case Cover Sheet; Filed by: Jennifer Goebel (Plaintiff)

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  • 11/30/2020
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 11/30/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/30/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/30/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 11/30/2020
  • DocketNon-Jury Trial scheduled for 05/31/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/30/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/04/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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Tentative Rulings

Case Number: 20STLC09952    Hearing Date: March 04, 2021    Dept: 26

Goebel v. Athas Capital Group, Inc., et al.

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

Defendant Athas Capital Group, Inc.’s Demurrer to the Complaint is SUSTAINED WITH 30 DAYS’ LEAVE TO AMEND.

ANALYSIS:

On November 30, 2020, pro se Plaintiff Jennifer Goebel (“Plaintiff”) filed the Complaint in this action against Defendant Athas Capital Group, Inc. (“Defendant”). The Complaint alleges causes of action for (1) breach of contract; and (2) fraud. Defendant filed the instant Demurrer to the Complaint on January 11, 2021. Plaintiff filed an opposition on January 19, 2021 and Defendant replied on February 25, 2021.

Discussion

The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, McElroy Decl., ¶2.) Defendant demurs to entire Complaint for failure to allege sufficient facts to state a cause of action and uncertainty. (Code Civ. Proc., § 430.10, subds. (e), (f).) Special demurrers are not permitted in courts of limited jurisdiction. (Code Civ. Proc., § 92, subd. (c).) Therefore, the Court will not consider the demurrer for uncertainty.  

The Complaint alleges causes of action for breach of contract and fraud. (Compl., ¶¶8-9.) Certain documents are attached to the Complaint that pertain to loan agreements between the parties. (Id. at pp. 6-35.) However, no factual allegations are included to demonstrate how the elements of the two causes of action are met and the demurrer should be sustained on that basis.

In order to allege a cause of action for breach of contract, the Complaint must allege facts showing (1) the existence of a contract; (2) plaintiff’s performance under the contract or excuse for non-performance; (3) defendant’s breach of the contract; and (4) resulting damage to plaintiff from the breach. (Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal.App.4th 1171, 1178.)

For a fraud cause of action, the Complaint must allege facts showing (1) a misrepresentation by defendant; (2) with knowledge of its falsity; (3) with intent to induce plaintiff’s reliance on the misrepresentation; (4) justifiable reliance; and (5) resulting damage to plaintiff. (Conroy v. Regents of Univ. of Cal. (2009) 45 Cal. 4th 1244, 1255.) Additionally, fraud must be alleged with particularity, meaning the Complaint must set forth facts showing “ ‘how, when, where, to whom, and by what means the representations were tendered.’ ” (Stansfield v. Starkey (1990) 220 Cal. App. 3d 59, 73 [citing Hills Trans. Co. v. Southwest (1968) 266 Cal.App.2d 702, 707].) Finally, fraud against a corporate defendant must allege the names of the persons who made the allegedly misrepresentations and that person’s authority to speak for the corporation. (Tarmann v.  State Farm Mut.  Auto.  Ins.  Co.  (1991) 2 Cal.App.4th 153, 157.)

Plaintiff’s opposition does not dispute that the Complaint fails to allege the facts demonstrating the elements for breach of contract and fraud. Rather, she asks for the opportunity to amend the Complaint to attach the necessary allegations. Therefore, the Court finds leave to amend is appropriate.

Conclusion

Defendant Athas Capital Group, Inc.’s Demurrer to the Complaint is SUSTAINED WITH 30 DAYS’ LEAVE TO AMEND.

Moving party to give notice. 

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