D.R. STEPHENS INDUSTRIAL PARTNERS, LLC, A VS. THERANOVA, L.L.C., A CALIFORNIA LIMITED LIABILITY ET AL
DEMURRER to Amended CROSS COMPLAINT
Motion type
Causes of action
Parties
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CGC24615295 - November 5, 2025 Hearing date: November 5, 2025 Case number: CGC24615295 Case title: D.R. STEPHENS INDUSTRIAL PARTNERS, LLC, A VS. THERANOVA, L.L.C., A CALIFORNIA LIMITED LIABILITY ET AL Case Number: | | CGC24615295 | Case Title: | | D.R. STEPHENS INDUSTRIAL PARTNERS, LLC, A VS. THERANOVA, L.L.C., A CALIFORNIA LIMITED LIABILITY ET AL | Court Date: | | 2025-11-05 09:30 AM | Calendar Matter: | | DEMURRER to Amended CROSS COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for November 5, 2025 line 3.
CROSS-DEFENDANT'S DEMURRER TO 3RD AMENDED CROSS COMPLAINT is SUSTAINED in part and OVERRULED in part.
Demurrer is sustained with leave to amend as to the cause of action for breach of contract for Plaintiff to allege facts, not conclusions (as currently alleged "damages arising out of DR Stephens failing to honor its contractual obligations..."), as to the damages sustained due to the asserted breach.
Demurrer is sustained with leave to amend as to the causes of action for interference with prospective business advantage to allege facts in support of both elements of CC 1950.8. (i.e. demand for key money and failure to include the amount of the demanded payment in a "prospective documentation.") See Edamerica, Inc. v. Superior Court (2003) 114 Cal.App.4th 819.
Demurrer to the cause of action for restitution/unjust enrichment is overruled. Cross-Complaint addressed the issue raised by the Court's ruling on the demurrer to the Second Amended Cross-Complaint. =(501/CFH)
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