Yuen v. C&S Properties CA2/8
Scott Yuen (Yuen) appeals from an order of dismissal after the trial court sustained without leave to amend a demurrer to the first amended complaint filed by defendant C&S Properties (C&S). In August of 2011, Yuen entered into a written lease agreement with C&S for commercial property located in Monterey Park, California (the Property). In an addendum to the lease, the parties agreed on an option for Yuen to purchase the Property if certain conditions were met. Yuen sued C&S, alleging causes of action for specific performance, reformation, declaratory judgment, and breach of contract based on his claim that he had properly exercised the option to purchase the property in October 2016 but C&S wrongfully refused to perform. The trial court sustained C&S’s demurrer without leave to amend, ruling, inter alia, Yuen “ha[d] not alleged any facts demonstrating that the conditions precedent to [Yuen’s] ability to purchase the [P]roperty were fulfilled.” We agree and affirm.
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