Autumn Star Sound LLC, Reynaldo Azada, Marilou Azada v. Mariam Elgendy, Youstina Maksimous, Ehab Maksimous, and Does 1 through 10, inclusive
Published: Jun. 11, 2016 | Result Date: May 6, 2016 | Filing Date: Jan. 1, 1900 |Case number: 30-2015-00808308-CU-CO-CJC Demurrer – Defense
Court
Orange Superior
Attorneys
Plaintiff
Jimmy P. Mettias
(Mettias Law Firm APLC)
Defendant
Timothy M. Stuart
(Law Offices of Timothy M. Stuart)
Facts
Plaintiffs sued defendants for breach of contract and common counts related to the sale of a reflexology business located in Brea.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendants breached the parties' agreement to purchase the business by failing to make payments due and by abandoning the premises.
DEFENDANT'S CONTENTIONS:
Defendant contended in its demurrer that the purported agreement referenced a possible future business sale but that the complaint failed to include essential documents that would establish a sale had taken place.
Damages
Plaintiffs sought $57,756 in damages.
Result
The court sustained defendant's demurrer with leave to amend, finding that the agreement and plaintiffs' allegations did not establish an enforceable agreement. Rather, the agreement was an agreement to agree, and plaintiffs failed to provide a bill of sale and promissory note that could serve as a basis for their claims.
Other Information
FILING DATE: Sept. 8, 2015.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390