This case was last updated from Los Angeles County Superior Courts on 08/21/2020 at 00:41:19 (UTC).

TEDDY ANIM-BEDWA VS ALEXANDRA APARTMENTS

Case Summary

On 12/10/2019 TEDDY ANIM-BEDWA filed a Civil Right - Other Civil Right lawsuit against ALEXANDRA APARTMENTS. 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:

    *******1259

  • Filing Date:

    12/10/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

ANIM-BEDWA TEDDY

Defendants

ALEXANDRA APARTMENTS

ALEXANDRIA HOUSING PARTNERS LP E/S/A ALEXANDRIA APARTMENTS

Attorney/Law Firm Details

Defendant Attorney

COHEN MARC

 

Court Documents

Notice (name extension) - Notice of Non-Opposition to Demurrer

8/12/2020: Notice (name extension) - Notice of Non-Opposition to Demurrer

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

8/19/2020: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Notice of Ruling - Notice of Ruling

5/22/2020: Notice of Ruling - Notice of Ruling

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

4/23/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 04/28/2020

4/28/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 04/28/2020

Minute Order - Minute Order (Court Order)

4/28/2020: Minute Order - Minute Order (Court Order)

Declaration (name extension) - Declaration OF DEMURRING OR MOVING PARTY IN SUPPORT OF AUTOMATIC EXTENSION

3/18/2020: Declaration (name extension) - Declaration OF DEMURRING OR MOVING PARTY IN SUPPORT OF AUTOMATIC EXTENSION

Summons - Summons on Complaint

12/10/2019: Summons - Summons on Complaint

Complaint - Complaint

12/10/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

12/10/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

12/10/2019: First Amended Standing Order - First Amended Standing Order

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

12/10/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

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

12/10/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

1 More Documents Available

 

Docket Entries

  • 12/13/2022
  • Hearing12/13/2022 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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  • 06/08/2021
  • Hearing06/08/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/19/2020
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

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  • 08/19/2020
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 08/19/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/19/2020; Result Type to Held

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  • 08/12/2020
  • DocketNotice of Non-Opposition to Demurrer; Filed by: Alexandria Housing Partners LP e/s/a Alexandria Apartments (Defendant); As to: Teddy Anim-Bedwa (Plaintiff)

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  • 05/22/2020
  • DocketNotice of Ruling; Filed by: Alexandria Housing Partners LP e/s/a Alexandria Apartments (Defendant)

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  • 04/28/2020
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 08/19/2020 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 04/28/2020
  • DocketUpdated -- Minute Order (Court Order): Status Date changed from 04/28/2020 to 04/28/2020; Name Extension changed from (Court Order) to (Court Order); As To Parties: removed

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  • 04/28/2020
  • DocketMinute Order (Court Order)

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  • 04/28/2020
  • DocketCertificate of Mailing for (Court Order) of 04/28/2020; Filed by: Clerk

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2 More Docket Entries
  • 12/10/2019
  • DocketComplaint; Filed by: Teddy Anim-Bedwa (Plaintiff); As to: Alexandra Apartments (Defendant)

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  • 12/10/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/13/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/10/2019
  • DocketRequest to Waive Court Fees; Filed by: Teddy Anim-Bedwa (Plaintiff)

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  • 12/10/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Teddy Anim-Bedwa (Plaintiff)

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  • 12/10/2019
  • DocketCivil Case Cover Sheet; Filed by: Teddy Anim-Bedwa (Plaintiff)

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  • 12/10/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 12/10/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/10/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/10/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 12/10/2019
  • DocketNon-Jury Trial scheduled for 06/08/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STLC11259    Hearing Date: August 19, 2020    Dept: 26

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Defendant Alexandria Housing Partners, L’s Demurrer to the Complaint is SUSTAINED WITH 20 DAYS’ LEAVE TO AMEND.

ANALYSIS:

On December 10, 2019, Plaintiff Teddy Anim-Bedwa (“Plaintiff”), in pro per, filed the instant action against Defendant Alexandria Housing Partners, LP (erroneously sued as Alexandra Apartments) (“Defendant”). On April 23, 2020, Defendant filed the instant Demurrer to the Complaint. To date, no opposition has been filed.

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. (Cohen Decl., filed 3/18/20, ¶¶1-2.) In demurring to the Complaint, Defendant contends that the Complaint fails to allege sufficient facts to state a cause of action. (Citing Code Civ. Proc., § 430.10, subd. (e).)

The Complaint purports to allege causes of action for (1) breach of contract; and (2) common counts. (Compl., ¶¶BC and CC.) However, no facts are alleged in support of either cause of action.

The elements of a breach of contract claim are (1) existence of contract; (2) plaintiff’s performance or excuse for nonperformance; (3) defendant’s breach (or anticipatory breach); and (4) resulting damage to plaintiff. (Hale v. Sharp Healthcare (2010) 183 Cal.App.4th 1373, 1387.) Additionally, the substantive terms of the agreement must be set forth. (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198-199.)

The Complaint does not allege any facts about the parties’ contract, including the nature of the agreement, when it was executed, when it was to be performed, or the consideration to be exchanged. (Compl., ¶BC.) Instead, the Complaint refers to an attachment for the relevant facts, but no attachment is submitted with the Complaint. (Ibid.)

For the cause of action for common counts, Plaintiff must allege facts regarding (1) the statement of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment. (Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460.) The Complaint, however, does not allege any facts regarding the indebtedness, the consideration that was exchanged, or Defendant’s failure to pay. (Compl., ¶CC.)

Based on the foregoing, the Court finds the Complaint fails to state facts sufficient to state a cause of action. Defendant Alexandria Housing Partners, LP’s unopposed Demurrer to the Complaint is SUSTAINED WITH 20 DAYS’ LEAVE TO AMEND.

Moving party to give notice.