Defendant’s Demurrer and Motion to Strike
2025CLBC056909: BANK OF AMERICA N.A. vs MELODY HART 05/21/2026 in Department 43 Demurrer
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Tentative Ruling: Defendants Demurrer is OVERRULED and the Motion to Strike is DENIED. The complaint is adequately plead and the demurrer and motion to strike are not meritorious.
1. Breach of Contract
2025CLBC056909: BANK OF AMERICA N.A. vs MELODY HART
The complaint alleges the essential elements for breach of contract: a written agreement dated December 5, 2007, performance by Bank of America, breach by Hart through failure to make periodic payments, charge-off around May 31, 2025, and a specific damages figure of $33,524.58. The credit card agreement, attached as Exhibit A ties Hart to the account by name.
2. Account Stated and Open Book
The complaint checked the breach of contract box and no cause of action for account stated or open book have been asserted against Plaintiff. The demurrer as to these causes of action is moot. Plaintiffs argument that the complaint is uncertain is without merit as the complaint was prepared on a Judicial Council form.
3. Motion to Strike
The motion to strike seeks to strike attorneys fees, but the complaint does not assert a claim for fees (the box was left unchecked). The motion as to attorneys fees is moot.
The motion to strike as to interest does not specify what type of interest. Pre and post judgment interest are permitted by statute when appropriate.
The complaint specifies the exact dollar amount sought in damages. The argument that it is vague or unspecified lacks merit. The complaint alleges that defendant owed the balance. This is sufficient.
An answer to the complaint must be filed and served on or before June 18, 2026.
The clerk will serve notice of the Courts ruling.
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