JAMES VS DESERT MOBILE HOMES LLC

cause of action for equitable indemnity as to Defendant Wesco.

6th Cause of Action Breach of Contract: The elements for a breach of contract claim are: (1) contract; (2) plaintiff’s performance; (3) breach; and (4) damages. (Wall Street Network, Ltd. v. N. Y. Times Co. (2008) 164 Cal.App.4th 1171, 1178.) The Complaint sufficiently states a cause of action for breach of contract against Defendant Wesco.

As to Defendant AmTrust for the 2nd, 3rd, 5th and 6th Causes of Action, Demurrer is SUSTAINED, with leave to amend. Plaintiff to file amended complaint within 15 days.

As to Defendant Wesco Insurance for the 2nd, 3rd, 5th and 6th Causes of Action, Demurrer is OVERRULED.

Case Management Conference continued to 11.24.26.

4. CASE # CASE NAME HEARING NAME JAMES VS DESERT MOTION FOR LEAVE TO FILE SECOND

MOBILE HOMES LLC AMENDED COMPLAINT Tentative Ruling: No opposition filed.

Motion for Leave to File 2nd Amended Complaint GRANTED.

The Proposed 2nd Amended Complaint attached as Exhibit A to Plaintiff’s Motion shall be deemed filed as of the date of this order.

Hearing on Anti-SLAPP motion as to the 1st Amended Complaint is confirmed for 9.23.26. It should be noted that Plaintiff filed his motion for leave to file an amended complaint on 7.14.26. The hearing for that motion was calendared for 8.18.26. On 8.10.26, Defendant filed a special motion to strike pursuant to CCP 425.16, with the hearing date for 9.23.26.

Thus, Plaintiff’s motion was not filed prior to the Anti-SLAPP motion and not subject to the restrictions of attempting to plead around a special motion. (JKC3H8 v. Colton, 221 Cal.App.4th 468, 477-478 (2013)).

5. CASE # CASE NAME HEARING NAME DEMURRER ON COMPLAINT FOR WRONGFUL EVICTION AS TO FIRST AND SECOND CAUSES OF ACTION BY CVPS2604324 WELDON VS FIFE MICHAEL E. FIFE, AS TRUSTEE OF THE FIFE FAMILY TRUST, DATED MAY 13, 2008 Tentative Ruling: No tentative ruling.