B & P DEVELOPMENT CORP. v. City of Saratoga

I

Plaintiff B & P Development Corporation, doing business as B & P Inc., appeals from an order dismissing the action after a general and special demurrer by defendant City of Saratoga (City) was sustained without leave to amend. Plaintiff seeks a refund of various development fees expended on a subsequently abandoned condominium project. We affirm for the following reasons.

II

Scope of Review

A general demurrer presents the same question to the appellate court as to the trial court, namely, whether the plaintiff has alleged sufficient facts to justify any relief, notwithstanding superfluous allegations or claims for unjustified relief. (Harnish v. Bramer (1886) 71 Cal. 155, 158 [ 11 P. 888 ]; Matteson v. Wagoner (1905) 147 Cal. 739, 742 [ 82 P. 436 ]; California Trust Co. v. Cohn (1932) 214 Cal. 619, 628 [ 7 P.2d 297 ]; Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493, 496 [ 86 Cal.Rptr. 88 , 468 P.2d 216 ].) “[T]he allegations of the complaint must be liberally construed with a view to attaining substantial justice among the parties. (Code Civ. Proc., § 452.)” (Youngman v. Nevada Irrigation Dist. (1969) 70 Cal.2d 240, 244-245 [ 74 Cal.Rptr. 398 , 449 P.2d 462…