Kong

Kong v. CITY OF HAWAIIAN GARDENS REDEVELOPMENT AGENCY

Good Law
108 Cal. App. 4th 1028·134 Cal. Rptr. 2d 260·2002 Cal. App. LEXIS 5317·2003 Daily Journal DAR 5487
Court of Appeal of CaliforniaJune 13, 2002B146142California7,088 words

Opinion

Opinion

Spencer, J.

In this inverse condenmation action, plaintiff Veisna Kong, doing business as Bartha’s Donuts, appeals from an order sustaining a demurrer filed by defendants City of Hawaiian Gardens Redevelopment Agency and City of Hawaiian Gardens without leave to amend and dismissing plaintiffs first amended complaint.

Plaintiff contends he alleged facts establishing causes of action for inverse condemnation and for precondemnation damages. Although the trial court correctly sustained defendants’ demurrer, we conclude that leave to amend must be granted. We therefore reverse the order of dismissal.

Statement of Facts

Inasmuch as this is an appeal from an order of dismissal entered after the sustaining of a demurrer without leave to amend, we accept as true all material factual allegations contained in the complaint. (Wright v. City of Los Angeles (2001) 93 Cal.App.4th 683, 685 [ 113 Cal.Rptr.2d 352 ].) following facts unfold from a reading of plaintiff’s first amended complaint and the documents attached to and expressly incorporated therein by reference:

Prior to August 1993, R. M. Veady (Veady) owned the commercial property commonly known as 119131/2 East Carson Street (the…

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