On 08/29/2019 SOCAL LIEN SOLUTIONS LLC filed a Property - Other Real Property lawsuit against HJ 1131 LLC . 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.
*******7984
08/29/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
SOCAL LIEN SOLUTIONS LLC
WEST HILLS DEVELOPMENT INC
HJ 1131 LLC;
GORGONE ROSS
SURETEC INDEMNITY COMPANY
WEST HILLS DEVELOPMENT INC
HJ 1131 LLC;
PARIKH SAGAR P.
HOLBROOK JR. E SCOTT
HOWARD ELMIRA
IP EDWARD
HOWARD ELMIRA
2/18/2020: Request for Dismissal - Request for Dismissal
1/13/2020: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)
1/2/2020: Reply (name extension) - Reply Defendant HJ 1131 LLC's Reply to Plaintiff SoCal Lien Solutions' Opposition to General Demurrer
12/30/2019: Opposition (name extension) - Opposition Oppostion to Demurrer
12/9/2019: Request for Dismissal - Request for Dismissal
12/20/2019: Answer - Answer
11/19/2019: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike
11/19/2019: Request for Judicial Notice - Request for Judicial Notice
11/8/2019: Answer - Answer
11/14/2019: Proof of Service by Mail - Proof of Service by Mail
10/11/2019: Answer - Answer
10/11/2019: Summons - Summons on Complaint
10/11/2019: Cross-Complaint - Cross-Complaint
8/29/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
8/29/2019: Summons - Summons on Complaint
8/29/2019: Complaint - Complaint
8/29/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
8/29/2019: First Amended Standing Order - First Amended Standing Order
Hearing09/01/2022 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
Hearing02/25/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketUpdated -- Request for Dismissal Not Entered: Name Extension: Not Entered; As To Parties changed from WEST HILLS DEVELOPMENT INC (Defendant), SURETEC INDEMNITY COMPANY (Defendant), HJ 1131 LLC; (Defendant) to SURETEC INDEMNITY COMPANY (Defendant), WEST HILLS DEVELOPMENT INC (Defendant), HJ 1131 LLC; (Defendant)
DocketOn the Complaint filed by SOCAL LIEN SOLUTIONS LLC on 08/29/2019, entered Request for Dismissal with prejudice filed by SOCAL LIEN SOLUTIONS LLC as to HJ 1131 LLC;, SURETEC INDEMNITY COMPANY, and WEST HILLS DEVELOPMENT INC
DocketRequest for Dismissal; Filed by: SOCAL LIEN SOLUTIONS LLC (Plaintiff); As to: HJ 1131 LLC; (Defendant); WEST HILLS DEVELOPMENT INC (Defendant); SURETEC INDEMNITY COMPANY (Defendant)
DocketERROR with ROA message definition 129 with DismissalParty:1913163 resulted in empty message
DocketERROR with ROA message definition 129 with DismissalParty:1913164 resulted in empty message
DocketERROR with ROA message definition 129 with DismissalParty:1913165 resulted in empty message
DocketOn the Complaint filed by SOCAL LIEN SOLUTIONS LLC on 08/29/2019, entered Request for Dismissal with prejudice filed by SOCAL LIEN SOLUTIONS LLC
DocketRequest for Dismissal; Filed by: SOCAL LIEN SOLUTIONS LLC (Plaintiff); As to: HJ 1131 LLC; (Defendant); WEST HILLS DEVELOPMENT INC (Defendant); SURETEC INDEMNITY COMPANY (Defendant)
DocketSummons on Complaint; Issued and Filed by: SURETEC INDEMNITY COMPANY (Defendant)
DocketAnswer; Filed by: SURETEC INDEMNITY COMPANY (Defendant)
DocketNon-Jury Trial scheduled for 02/25/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/01/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse
DocketComplaint; Filed by: SOCAL LIEN SOLUTIONS LLC (Plaintiff); As to: HJ 1131 LLC; (Defendant); WEST HILLS DEVELOPMENT INC (Defendant); SURETEC INDEMNITY COMPANY (Defendant)
DocketCivil Case Cover Sheet; Filed by: SOCAL LIEN SOLUTIONS LLC (Plaintiff); As to: HJ 1131 LLC; (Defendant); WEST HILLS DEVELOPMENT INC (Defendant); SURETEC INDEMNITY COMPANY (Defendant)
DocketSummons on Complaint; Issued and Filed by: SOCAL LIEN SOLUTIONS LLC (Plaintiff); As to: HJ 1131 LLC; (Defendant); WEST HILLS DEVELOPMENT INC (Defendant); SURETEC INDEMNITY COMPANY (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
Case Number: 19STLC07984 Hearing Date: January 13, 2020 Dept: 94
TENTATIVE RULING:
Defendant HJ 1131 LLC’s Demurrer to the Complaint is OVERRULED. Defendant HJ 1131 LLC TO FILE AND SERVE ITS ANSWER WITHIN 20 DAYS’ NOTICE OF THIS ORDER.
ANALYSIS:
On August 29, 2019, Plaintiff SoCal Lien Solutions, LLC (“Plaintiff”) filed the instant action for breach of contract, foreclosure of mechanic’s lien and recovery on license bond against Defendants HJ 1131 LLC, West Hills Development, Inc., and Suretec Indemnity Company. On November 19, 2019, Defendant HJ 1131 LLC filed the instant Demurrer to the Complaint. To date, no opposition has been filed. On December 9, 2019, Plaintiff dismissed the second cause of action for foreclosure of mechanic’s lien. Plaintiff filed an opposition to the Demurrer on December 30, 2019, and Defendant filed its reply on January 2, 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. (Demurrer, Chou Decl., ¶¶3-4 and Exh. A.) In demurring to the Complaint, Defendant contends that the first cause of action for breach of contract fails to allege facts to support a cause of action and it cannot be ascertained whether the contract is written, oral or implied. (Citing Code Civ. Proc., § 430.10, subds. (e) and (g).)
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 is brought by Plaintiff as the assignee of Precision Finish (“Precision”), a duly licensed contractor. (Compl., ¶¶1, 7.) Plaintiff alleges that Defendants contracted with Precision to provide certain improvements to the real property located at 1131 N. Monterey Street, Alhambra, California (“the subject property”). (Id. at ¶¶2, 8.) Following Precision’s substantial completion of the work, there remains $10,740.00 due and owing on the contract. (Id. at ¶9.) The Complaint alleges that the parties’ contract is partially written and partially oral. (Id. at ¶12.)
Plaintiff attaches copies of two invoices sent to “West Hills Development, Ross Gorgone” to the Complaint for the total amount of $10,740.00. (Id. at Exh. B.) In its demurrer, HJ 1131 LLC argues that because it is not named on the invoices, the Complaint fails to allege its liability on the contract. HJ 1131 LLC mischaracterizes the nature of the exhibits attached as the contracts themselves. (Demurrer, p. 4:26.) The exhibits, however, do not purport to be the parties’ agreement and the Complaint expressly alleges that the exhibits are merely invoices. (Compl., ¶9.) The invoices, therefore, do not contradict Plaintiff’s allegation that Precision entered into an agreement with HJ 1131 LLC for work on the subject property. Nor do the invoices demonstrate that there is only a written agreement. Rather, the invoices reflect the partially written and partially oral agreement. Finally, the Court finds that the terms of the agreement are adequately alleged. The legal effect of the contract is alleged to be straightforward: Precision agreed to perform work on the subject property in exchange for payment by Defendants. This is sufficient to withstand demurrer.
Defendant HJ 1131 LLC’s Demurrer to the Complaint is OVERRULED. Defendant HJ 1131 LLC TO FILE AND SERVE ITS ANSWER WITHIN 20 DAYS’ NOTICE OF THIS ORDER.
Plaintiff to give notice.