Plaintiff lessees sought

Plaintiff lessees sought review of a judgment of the Superior Court of Los Angeles County (California), which found for defendant lessor in an action for declaratory relief and damages. The lower court sustained a general and special demurrer to the first amended complaint, without leave to amend.

Overview: civil defense attorney Los Angeles

Plaintiff lessees' complaint alleged that defendant lessor notified plaintiffs that it had never executed the lease and did not consider it binding, that defendant served a notice to terminate the tenancy; that plaintiffs elected to treat the notice as a repudiation but could not determine if they were month to month tenants, that they paid more rent than required, and that they were entitled to cancellation and an accounting. Plaintiffs also tried to plead fraud. The lower court sustained defendant's demurrers to the complaint. On review, the court held that because the tenancy was terminated by the prior judgment, there was no basis for a declaration of rights in the lease. The court further found that the complaint did not state a claim for fraud because it did plead not damages and did not allege that defendant's promise to lease was made with the intention of deceiving them, or that it was made without the intention to perform it. Plaintiff's attempted pleading of a breach of contract claim by repudiation was also so defective as to warrant the sustaining the demurrer. Accordingly, the court affirmed the judgment dismissing the complaint for failure to state a claim.

Outcome

The court affirmed, holding that plaintiff lessee's complaint failed to state a claim and should be dismissed. Because plaintiffs' tenancy was terminated by a prior judgment there was no basis to declare rights in the lease. The complaint did not state a claim for fraud because it did plead not damages, allege that defendant's promise to lease was made to deceive plaintiffs, or allege that the promise was made without the intention to perform it.