AL Holding Co. v. O'Brien & Hicks, Inc.

Good Law

1999 Cal. App. LEXIS 957·75 Cal. App. 4th 1310·89 Cal. Rptr. 2d 918·99 Daily Journal DAR 11171·99 Cal. Daily Op. Serv. 8774

Court of Appeal of CaliforniaOctober 29, 1999A083127California1,066 words

Opinion

Poche, J.

Plaintiff, AL Holding Company (AL Holding), appeals from a judgment of dismissal entered after defendant O’Brien & Hicks, Inc.’s (O’Brien & Hicks) demurrer to its complaint was sustained without leave to amend.

Because this case comes before us on demurrer we accept as true the complaint’s well-pleaded material facts and examine those factual allegations to ascertain if they state a cause of action on any legal theory. (Garcia v. Superior Court (1990) 50 Cal.3d 728, 732 [ 268 Cal.Rptr. 779 , 789 P.2d 960 ]; Shaolian v. Safeco Ins. Co. (1999) 71 Cal.App.4th 268, 271 [ 83 Cal.Rptr.2d 702 ].)

O’Brien & Hicks demurred to a complaint alleging an amount due on an open book account on the ground that the cause of action was barred because it was never raised in a compulsory cross-complaint in a prior action.

The prior action was instituted by O’Brien & Hicks. In its first amended complaint filed on March 1, 1995, it alleged numerous causes of action and named several defendants including the assignor of AL Holding, the Anden Group (Anden), and Anden’s lender. O’Brien & Hicks alleged its claims arose from a business relationship in which it had provided consulting services to…

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