Land Lot 1 v. City of Bakersfield
Plaintiff, Land Lot 1, LLC (Land Lot), appeals from the judgment entered after the trial court granted a motion for judgment on the pleadings in favor of defendant, City of Bakersfield (the city), which was made on the first day of trial. The motion was granted on the ground Land Lot had assigned its interest in the litigation to certain individuals in violation of a provision in the contract between Land Lot and the city that prohibited assignment of the agreement or any interest in it without the consent of the other party. We conclude that the assignment of Land Lot’s causes of action alleged in the complaint was not an assignment of an interest in the contract and was not barred by the nonassignment clause. Therefore, there was no defect on the face of the complaint and no ground on which to grant judgment on the pleadings. Accordingly, we reverse.
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