Ghulam

BACKGROUND

Because we are reviewing a judgment of dismissal following the sustaining of a demurrer, we take the facts from the allegations in the complaint, and we assume those facts are true. (Pineda v. Williams-Sonoma Stores, Inc. (2011) 51 Cal.4th 524, 528.) We also consider judicially noticeable facts, which in this case includes the complaint filed in the prior lawsuit and the judgment of dismissal.1 (Haro v. City of Solana Beach (2011) 195 Cal.App.4th 542, 546; Flores v. Arroyo (1961) 56 Cal.2d 492, 496.) The Partnership Agreement and Its Alleged Breach In early 2015, Mohammad Aalemkhiel (Mohammad) approached Ghulam and suggested they open and operate an Afghan restaurant and grocery store in Sacramento. They agreed they would each contribute half of the starting capital and their labor and they would split the profits equally. Ghulam’s brother, Zinatullah Gelaman, lived in the United Kingdom. The brothers agreed Gelaman would contribute the starting capital to the business and Ghulam would contribute the labor. Ghulam and Mohammad originally agreed to create a new limited liability company (LLC) to run the business, but Mohammad later informed Ghulam it was unnecessary to…