Chalal

Chalal v. Syprasert CA5

Good Law
Court of Appeal of CaliforniaAugust 25, 2014F066992California9,382 words

Opinion

Opinion

Facts appearing in exhibits attached to the complaint are also accepted as true and given

2. precedence over inconsistent allegations in the complaint. (Barnett v. Fireman’s Fund Ins. Co. (2001) 90 Cal.App.4th 500, 505; Holland v. Morse Diesel Internat., Inc. (2001) 86 Cal.App.4th 1443, 1447.) We do not assume the truth of contentions, deductions or conclusions of fact or law. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125 (Moore).) In accordance with these rules, we recite the facts as taken from the FAC. In January 2008, the Chahals learned that a convenience store business in Visalia, called Som’s Market, was for sale. The Chahals met with the business’s owner, Mr. Somcast, who told them he was closing the business, which generated income of only about $50 per day and had inventory of less than $2,000. He showed them the lease space, which was in a “terrible, run down condition.” The business had no coolers, but did have a cash register and some shelving that was in poor condition. After the Chahals expressed an interest in the business, Somcast met with the building’s owners, the Sypraserts, who provided Somcast with a proposed monthly property lease…

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