Berryman

Berryman v. Merit Property Management, Inc.

Good Law
152 Cal. App. 4th 1544·2007 Cal. App. LEXIS 1132·62 Cal. Rptr. 3d 177
Court of Appeal of CaliforniaMay 31, 2007G037156California5,622 words

Opinion

Opinion

Moore, J.

Plaintiffs appeal from a judgment entered after the trial court sustained defendant’s demurrer without leave to amend. Plaintiffs allege that defendant Merit Property Management, Inc., wrongfully charged certain fees in connection with the transfer of title for home purchases. We find the facts alleged fail to state a claim on which relief can be granted, and therefore the trial court properly sustained defendant’s demurrer. Because plaintiffs have failed to demonstrate that further amendment will cure the complaint’s deficiencies, the trial court did not abuse its discretion in denying further leave to amend, and we affirm.

I

FACTS

Merit Property Management, Inc. (Merit), is in the business of managing residential common interest developments, typically known as homeowners associations ..(associations). Some homeowners belong to more than one association, because their home resides in both a “master” and “sub” association. Associations enter into written contracts with Merit to provide management services.

In April 2004, plaintiffs William J. Berryman and Betty C. Berryman, as trustees of the Berryman Family Trust (collectively plaintiffs or the Berrymans) sold a…

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