Motion to Strike First Amended Complaint
25CV136586: JONES vs COOK, et al. 07/02/2026 Hearing on Motion to Strike Defendants' Motion to Strike First Amended Complaint; filed by Borris, Nisenbaum, Lurry and Lacy LLP James Cook (Defendant) + CRS# 898999545388 in Department 520
Tentative Ruling - 07/02/2026 Jamilah A. Jefferson
The Motion to Strike (not initial pleading) DEFENDANTS BURRIS NISENBAUM CURRY LACY, LLP AND JAMES COOKS NOTICE OF MOTION AND MOTION TO STRIKE A PORTION OF PLAINTIFF ARRTIEST LEEOUNTTAY JONES FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF COUNSEL IN SUPPORT filed by James Cook, Borris, Nisenbaum, Lurry and Lacy LLP James Cook on 04/09/2026 is Granted.
The Motion to Strike of Defendants James Cook and Borris, Nisenbaum, Lurry and Lacy LLP (Defendants) is GRANTED WITHOUT LEAVE TO AMEND.
[U]njust enrichment does not lie where express binding agreements exist and define the parties' rights. (Cal. Medical Ass'n v. Aetna U. S. Healthcare of Cal. (2001) 94 Cal. App. 4th 151, 1 72.) While generally parties are permitted to plead in the alternative, the allegation of binding contracts nullifies the unjust enrichment claim.... [¶] A plaintiff may not, however, pursue or recover on a quasi-contract claim if the parties have an enforceable agreement regarding a particular subject matter. (Klein v. Chevron U.S.A., Inc. (2012) 202 Cal.App.4th 1342, 1389-90.)
As Plaintiff Arttiest Jones (Plaintiff) alleges breach of contract in his first cause of action, Plaintiff does not deny the enforceability of the written retainer at issue and is therefore precluded from asserting a quasi-contract claim under the theory of unjust enrichment. (Id. at p. 1389.) A party to an express contract can assert a claim for restitution based on unjust enrichment by alleging in that cause of action that the express contract is void or was rescinded. (Rutherford Holdings LLC v. Plaza Del Rey (2014) 223 Cal.App.4th 221, 231.) As this is not the case here, Defendants Motion to Strike the prayer for restitution and disgorgement of unjust enrichment is GRANTED WITHOUT LEAVE TO AMEND.
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In light of the Courts ruling overruling the concurrent Demurrer in its entirety, Defendants shall serve and file an Answer by no later than August 3, 2026.
NOTICE: This tentative ruling will automatically become the courts final order on July 2, 2026 unless, by no later than 4:00 P.M. on July 1, 2026, a party to the action notifies BOTH: 1) the court by emailing Dept520@alameda.courts.ca.gov; AND 2) all opposing counsel or selfrepresented parties (by telephone or email) that the party is contesting this tentative ruling. 25CV136586: JONES vs COOK, et al. 07/02/2026 Hearing on Motion to Strike Defendants' Motion to Strike First Amended Complaint; filed by Borris, Nisenbaum, Lurry and Lacy LLP James Cook (Defendant) + CRS# 898999545388 in Department 520
The subject line (RE:) of the email must state: Request for CONTESTED HEARING: [the case name], [number]. When a party emails to contest a tentative ruling, the party must identify the specific holding(s) within the ruling they wish to contest via oral argument.
The court does not provide court reporters for hearings in civil departments. A party who wants a record of the proceedings must engage a private court reporter. (Local Rule 3.95.) Any privately retained court reporter must also participate via video conference. Their email must be provided to the court at the time the Notice of Contest is emailed.
ALL CONTESTED LAW AND MOTION HEARINGS ARE CONDUCTED VIA REMOTE VIDEO unless an in person appearance is required by the court. Invitations to participate in the video proceeding will be sent by the court upon receipt of timely notice of contest. A party may give email notice that they will appear in court in person for the hearing, however all other counsel/parties and the JUDGE MAY APPEAR REMOTELY.