Defendant Stuart M. Lynch’s demurrer to complaint is OVERRULED.
Background
On May 18, 2017, Plaintiff American Contractors Indemnity Company (“Plaintiff”) filed the complaint in the instant action. On August 24, 2017, Defendant Stuart M. Lynch (“Defendant”) file the instant demurrer to complaint. Plaintiff filed an opposition on September 12, 2017.
Discussion
The Court finds Defendant has satisfied the meet and confer requirements pursuant to CCP section 430.41.
First Cause of Action for Breach of Contract
“The standard elements of a claim for breach of contract are: ‘(1) the contract, (2) plaintiff’s performance or excuse for nonperformance, (3) defendant’s breach, and (4) damage to plaintiff therefrom.’” (Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal.App.4th 1171, 1178.)
Plaintiff alleges that Defendant executed a Bond Application/Indemnity Agreement (“Agreement”) in favor of Plaintiff on December 1, 2011. (See Complaint, ¶ 3.) The Agreement provides that Defe
Type
BREACH OF CONTRACT (Limited Jurisdiction)
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Defendant Stuart M. Lynch’s demurrer to complaint is OVERRULED.
Background
On May 18, 2017, Plaintiff American Contractors Indemnity Company (“Plaintiff”) filed the complaint in the instant action. On August 24, 2017, Defendant Stuart M. Lynch (“Defendant”) file the instant demurrer to complaint. Plaintiff filed an opposition on September 12, 2017.
Discussion
The Court finds Defendant has satisfied the meet and confer requirements pursuant to CCP section 430.41.
First Cause of Action for Breach of Contract
“The standard elements of a claim for breach of contract are: ‘(1) the contract, (2) plaintiff’s performance or excuse for nonperformance, (3) defendant’s breach, and (4) damage to plaintiff therefrom.’” (Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal.App.4th 1171, 1178.)
Plaintiff alleges that Defendant executed a Bond Application/Indemnity Agreement (“Agreement”) in favor of Plaintiff on December 1, 2011. (See Complaint, ¶ 3.) The Agreement provides that Defe