This case was last updated from Los Angeles County Superior Courts on 04/28/2020 at 20:23:06 (UTC).

SOCAL LIEN SOLUTIONS LLC VS HJ 1131 LLC;, ET AL.

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7984

  • Filing Date:

    08/29/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiffs and Cross Defendants

SOCAL LIEN SOLUTIONS LLC

WEST HILLS DEVELOPMENT INC

HJ 1131 LLC;

GORGONE ROSS

Defendants and Cross Plaintiffs

SURETEC INDEMNITY COMPANY

WEST HILLS DEVELOPMENT INC

HJ 1131 LLC;

Attorney/Law Firm Details

Plaintiff Attorney

PARIKH SAGAR P.

Cross Defendant and Defendant Attorneys

HOLBROOK JR. E SCOTT

HOWARD ELMIRA

IP EDWARD

Defendant and Cross Plaintiff Attorney

HOWARD ELMIRA

 

Court Documents

Request for Dismissal - Request for Dismissal

2/18/2020: Request for Dismissal - Request for Dismissal

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

1/13/2020: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Reply (name extension) - Reply Defendant HJ 1131 LLC's Reply to Plaintiff SoCal Lien Solutions' Opposition to General Demurrer

1/2/2020: Reply (name extension) - Reply Defendant HJ 1131 LLC's Reply to Plaintiff SoCal Lien Solutions' Opposition to General Demurrer

Opposition (name extension) - Opposition Oppostion to Demurrer

12/30/2019: Opposition (name extension) - Opposition Oppostion to Demurrer

Request for Dismissal - Request for Dismissal

12/9/2019: Request for Dismissal - Request for Dismissal

Answer - Answer

12/20/2019: Answer - Answer

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

11/19/2019: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Request for Judicial Notice - Request for Judicial Notice

11/19/2019: Request for Judicial Notice - Request for Judicial Notice

Answer - Answer

11/8/2019: Answer - Answer

Proof of Service by Mail - Proof of Service by Mail

11/14/2019: Proof of Service by Mail - Proof of Service by Mail

Answer - Answer

10/11/2019: Answer - Answer

Summons - Summons on Complaint

10/11/2019: Summons - Summons on Complaint

Cross-Complaint - Cross-Complaint

10/11/2019: Cross-Complaint - Cross-Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

8/29/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

8/29/2019: Summons - Summons on Complaint

Complaint - Complaint

8/29/2019: Complaint - Complaint

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

8/29/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

8/29/2019: First Amended Standing Order - First Amended Standing Order

10 More Documents Available

 

Docket Entries

  • 09/01/2022
  • 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

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  • 02/25/2021
  • Hearing02/25/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/19/2020
  • 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)

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  • 02/19/2020
  • 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

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  • 02/19/2020
  • 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)

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  • 02/19/2020
  • DocketERROR with ROA message definition 129 with DismissalParty:1913163 resulted in empty message

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  • 02/19/2020
  • DocketERROR with ROA message definition 129 with DismissalParty:1913164 resulted in empty message

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  • 02/19/2020
  • DocketERROR with ROA message definition 129 with DismissalParty:1913165 resulted in empty message

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  • 02/18/2020
  • 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

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  • 02/18/2020
  • 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)

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22 More Docket Entries
  • 10/11/2019
  • DocketSummons on Complaint; Issued and Filed by: SURETEC INDEMNITY COMPANY (Defendant)

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  • 10/11/2019
  • DocketAnswer; Filed by: SURETEC INDEMNITY COMPANY (Defendant)

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  • 09/03/2019
  • DocketNon-Jury Trial scheduled for 02/25/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/03/2019
  • 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

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  • 09/03/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 08/29/2019
  • DocketComplaint; Filed by: SOCAL LIEN SOLUTIONS LLC (Plaintiff); As to: HJ 1131 LLC; (Defendant); WEST HILLS DEVELOPMENT INC (Defendant); SURETEC INDEMNITY COMPANY (Defendant)

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  • 08/29/2019
  • 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)

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  • 08/29/2019
  • 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)

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  • 08/29/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/29/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

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.