Boston v. Nelson

Appeal from a judgment of dismissal after the California trial court sustained respondents’ demurrer to appellant’s first amended complaint. Affirmed.

Facts

First, we note that “[a] general demurrer admits the proof of all material factual allegations in the complaint, and we are not concerned with the question of [appellant’s] ability to prove [her] allegations.” (Cole v. Fair Oaks Fire Protection Dist. (1987) 43 Cal.3d 148, 151, fn. 1 [ 233 Cal.Rptr. 308 , 729 P.2d 743 ].)

In December of 1979, Lucille J. Boston, a California resident, purchased a condominium in Hawaii from Elizabeth Stephens Nelson under an agreement of sale which called for payment in full by February of 1981. Boston defaulted on the note. Following a foreclosure action which involved numerous parties, claims and counterclaims, Nelson obtained a decree of foreclosure which authorized sale of the property and ordered a deficiency judgment. Sale of the property was confirmed on June 22, 1984. On November 16, 1984, following a hearing, the Hawaii court entered an order granting Nelson’s motion for a deficiency judgment of $110,089.61 against Boston. Boston appealed.

Nelson retained Cadoo, Thretheway,…