Perez

Filed 6/27/13; pub. order 7/23/13 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE H.N. AND FRANCES C.

BERGER FOUNDATION,

E054948

Plaintiff and Appellant, (Super.Ct.No. INC 10006073) v.

OPINION

JUAN C. PEREZ, as Director, etc. et. al.,

Defendants and Respondents.

APPEAL from the Superior Court of Riverside County. Randall Donald

White, Judge. Affirmed.

Barton, Klugman & Oetting, and Ronald R. St. John, for Plaintiff and

Appellant.

Watt, Tieder, Hoffar & Fitzgerald, Robert C. Niesley, Donna R. Tobar, and

Christopher M. Bunge, for Defendants and Respondents.

Plaintiff and appellant The H.N. and Frances C. Berger Foundation appeals

the judgment of dismissal following the order granting the demurrer to its second amended complaint for breach of contract, declaratory relief and petition for writ

of mandate to compel defendants and respondents Juan C. Perez, as Director of the

County of Riverside Transportation Department (RTD), County of Riverside

(Riverside), and Travelers Casualty and Surety Company of America (Travelers)

to enforce the terms of the Varner Road Improvements Agreements and…