This case was last updated from Los Angeles County Superior Courts on 08/01/2020 at 06:34:55 (UTC).

MENGMENG WU VS FENWU UNIVERSITY OF ALTERNATIVE MEDICINE L.P.

Case Summary

On 08/22/2019 MENGMENG WU filed a Contract - Other Contract lawsuit against FENWU UNIVERSITY OF ALTERNATIVE MEDICINE L P. 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:

    *******7789

  • Filing Date:

    08/22/2019

  • 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

WU MENGMENG

Defendant

FENWU UNIVERSITY OF ALTERNATIVE MEDICINE L.P. DBA ALHAMBRA MEDICAL UNIVERSITY

Attorney/Law Firm Details

Defendant Attorney

JEANG EVIE PEI

 

Court Documents

Request for Dismissal - Request for Dismissal

3/10/2020: Request for Dismissal - Request for Dismissal

Proof of Personal Service - Proof of Personal Service

1/24/2020: Proof of Personal Service - Proof of Personal Service

Minute Order - Minute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))

12/16/2019: Minute Order - Minute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))

Notice of Ruling - Notice of Ruling

12/16/2019: Notice of Ruling - Notice of Ruling

Proof of Service by Mail - Proof of Service by Mail

12/16/2019: Proof of Service by Mail - Proof of Service by Mail

Proof of Service by Mail - Proof of Service by Mail

12/17/2019: Proof of Service by Mail - Proof of Service by Mail

Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

11/8/2019: Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

11/8/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Declaration (name extension) - Declaration of Evie P. Jeang in Support of Demurrer

11/8/2019: Declaration (name extension) - Declaration of Evie P. Jeang in Support of Demurrer

Summons - Summons on Complaint

8/22/2019: Summons - Summons on Complaint

Complaint - Complaint

8/22/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

8/22/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

8/22/2019: First Amended Standing Order - First Amended Standing Order

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

8/22/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

8/22/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

8/22/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

4 More Documents Available

 

Docket Entries

  • 08/25/2022
  • Hearing08/25/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 02/18/2021
  • Hearing02/18/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 03/13/2020
  • DocketUpdated -- Request for Dismissal Not Entered: Name Extension: Not Entered; As To Parties: removed

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  • 03/13/2020
  • DocketERROR with ROA message definition 129 with DismissalParty:1941909 resulted in empty message

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  • 03/13/2020
  • DocketERROR with ROA message definition 129 with DismissalParty:1941910 resulted in empty message

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  • 03/11/2020
  • DocketOn the Complaint filed by Mengmeng Wu on 08/22/2019, entered Request for Dismissal with prejudice filed by Mengmeng Wu

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  • 03/10/2020
  • DocketERROR with ROA message definition 99 on [ln 28, col 22] with Document:76596322

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  • 01/24/2020
  • DocketProof of Personal Service; Filed by: Fenwu University of Alternative Medicine L.P. (Defendant); Service Cost Waived: No

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  • 12/17/2019
  • DocketProof of Service by Mail; Filed by: Fenwu University of Alternative Medicine L.P. (Defendant)

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  • 12/16/2019
  • DocketNotice of Ruling; Filed by: Fenwu University of Alternative Medicine L.P. (Defendant)

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9 More Docket Entries
  • 08/22/2019
  • DocketRequest to Waive Court Fees; Filed by: Mengmeng Wu (Plaintiff)

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  • 08/22/2019
  • DocketComplaint; Filed by: Mengmeng Wu (Plaintiff); As to: Fenwu University of Alternative Medicine L.P. (Defendant)

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  • 08/22/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by: Clerk; As to: Mengmeng Wu (Plaintiff)

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  • 08/22/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/25/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/22/2019
  • DocketNon-Jury Trial scheduled for 02/18/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/22/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 08/22/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/22/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/22/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/22/2019
  • DocketCivil Case Cover Sheet; Filed by: Mengmeng Wu (Plaintiff)

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Tentative Rulings

Case Number: 19STLC07789    Hearing Date: December 16, 2019    Dept: 94

Wu v. Fenwu University of Alternative Medicine, LP, et al.

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Defendant Fenwu University of Alternative Medicine, LP’s Demurrer to the Complaint is SUSTAINED WITH 20 DAYS’ LEAVE TO AMEND.

ANALYSIS:

On August 22, 2019, Plaintiff Mengmeng Wu (“Plaintiff”) filed the instant action for breach of contract and fraud against Defendant Fenwu University of Alternative Medicine, LP

Legal Standard

A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party’s pleading.  It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be.

A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311.) No other extrinsic evidence can be considered (i.e., no “speaking demurrers”). Specifically, a demurrer may be brought per Code of Civil Procedure section 430.10, subdivision (e) if insufficient facts are stated to support the cause of action asserted. Per Code of Civil Procedure section 430.10, subdivision (a) a demurrer may be brought where the court has no jurisdiction of the subject of the cause of action alleged in the pleading.  Furthermore, a demurrer for uncertainty will be sustained only where the complaint is so bad that the defendant cannot reasonably respond. (Code Civ. Proc., § 430.10, subd. (f).)

However, in construing the allegations, the court is to give effect to specific factual allegations that may modify or limit inconsistent general or conclusory allegations. (Financial Corporation of America v. Wilburn (1987) 189 Cal.App.3rd 764, 769.) And, if the facts pled in the complaint are inconsistent with facts which are incorporated by reference from exhibits attached to the complaint, the facts in the incorporated exhibits control. Further, irrespective of the name or label given to a cause of action by the plaintiff, a general demurrer must be overruled if the facts as pled in the body of the complaint state some valid claim for relief. Special demurrers are not allowed in limited jurisdiction courts. (Code Civ. Proc., § 92, subd. (c).)

Leave to amend must be allowed where there is a reasonable possibility of successful amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.)  The burden is on the complainant to show the Court that a pleading can be amended successfully. (Id.)

Finally, Code of Civil Procedure section 430.41 requires that “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41, subd. (a).) The parties are to meet and confer at least five days before the date the responsive pleading is due. (Code Civ. Proc., § 430.41, subd. (a)(2).) Thereafter, the demurring party shall file and serve a declaration detailing their meet and confer efforts. (Code Civ. Proc., § 430.41, subd. (a)(3).)

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. (Demurrer, Jeang Decl.) In demurring to the Complaint, Defendant contends that Plaintiff fails to allege facts to support a cause of action. (Citing Code Civ. Proc., § 430.10, subd. (e).)

1st Cause of Action for Breach of Contract

Plaintiff must plead the contract, plaintiff’s performance or excuse for non-performance, defendant’s breach, and damage to plaintiff therefrom. (Acoustics, Inc. v. Trepte Constr. Co. (1971) 14 Cal.App.3d 887, 913.) Although a written contract is usually pleaded by alleging its making and attaching a copy which is incorporated by reference, a written contract can also be pleaded by alleging the making and the substance of the relevant terms. (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198-199; Perry v. Robertson (1988) 201 Cal.App.3d 333, 341.)

The Complaint confusingly alleges both a written and oral agreement. (Compl., ¶BC-1.) However, only terms of the purported oral agreement are alleged. Specifically, Plaintiff alleges that the principal promised that “[i]f the school has been denied CAMTC, the school would refund all of the tuition back to students.” (Ibid.) Plaintiff also alleges that she paid tuition but did not get a California Massage Therapist Council (“CAMTC”) certificate as promised. (Id. at ¶BC-4.) These allegations are reiterated in more detail in the attachment to the Complaint. The Complaint alleges that in exchange for tuition Plaintiff would receive training that would make her eligible for a CAMTC certificate. Defendant allegedly breached the agreement insofar as it did not pass the CAMTC certification and deprived Plaintiff of the benefit of the agreement.

To the extent the Complaint alleges the existence of a written contract, as well as an oral contract, it is not possible to determine the terms or the written agreement, or its relationship to the oral contract. Plaintiff only makes passing reference to the written agreement, and does not attach it to the Complaint. Plaintiff must clearly allege the nature of the parties’ contractual relationship in order to allege a claim thereon.

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

Fraud

Plaintiff broadly alleges statements made by Defendant’s staff regarding the CAMTC certification, but the details noted above are not provided. It is unclear from the Complaint who exactly made the statements regarding the certification, which refers only to two people by name: Chairman Ma and Vice Principal Dr. Lee. (Compl., Attachment.) Nor is the timeline of statements set forth. Plaintiff alleges that she started school in August 2016, but does not allege what statements were made to her prior to that time, in order to induce her reliance. The statements to which the Complaint refer all appear to have been made after she enrolled.

Therefore, the demurrer to the second cause of action is sustained with leave to amend.

Conclusion

Defendant Fenwu University of Alternative Medicine, LP’s Demurrer to the Complaint is SUSTAINED WITH 20 DAYS’ LEAVE TO AMEND.

Moving party to give notice.