Legal Opinion
Modacure v. B&B Vehicle Processing, Inc.
California Court of Appeal, 5th District
Decided December 21, 2018No. A151799PublishedCited by 1 opinion
1Opinion of the CourtSimons, Acting P.J.
*691Plaintiff and appellant Joanna Modacure (plaintiff) appeals from the trial court's dismissal of her Second Amended Complaint *692(SAC) after the court sustained the defendants' demurrer without leave to amend. We reverse as to one of the two causes of action in the SAC.
On review of a demurrer sustained without leave to amend, we accept the factual allegations of the complaint as true and review the pleading de novo to *763determine whether the facts as pleaded state a cause of action. ( Aubry v. Tri-City Hospital Dist. (1992) 2 Cal 4th 962, 966-967, 9 Cal.Rptr.2d 92, 831 P.2d 317 ; Satten v. Webb…
2Cases cited9 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- Wyatt v. ColeSupreme Court of the United States · 1992
- Taye Addisu Mokhtar Al-Saeed Ghassan Abu Hemdeh v. Fred Meyer, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2000
- Aubry v. Tri-City Hospital DistrictCalifornia Supreme Court · 1992
- Richard Stypmann v. The City and County of San FranciscoCourt of Appeals for the Ninth Circuit · 1977
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3Cited by1 opinion
- Schmier v. City of BerkeleyCalifornia Court of Appeal · 2022