Pryor

STATEMENT OF FACTS1

Because we are reviewing a judgment entered after the sustaining of a demurrer without leave to amend, the following factual statement is drawn principally from Pryor’s fourth amended complaint. We assume the truth of all factual allegations properly pleaded in Pryor’s operative complaint, as well as matters that may be judicially noticed. (Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081; Code Civ. Proc., § 430.30, subd. (a).)

1 Deutsche Bank’s motion for judicial notice of a reply brief filed by Pryor in a separate action is denied. 2 In February 2005, Donna Ryan purchased the residential property located at 14739 Valleyheart Drive, Sherman Oaks, California (the Valleyheart property). The deed of trust and promissory note securing a loan for the Valleyheart property listed Ryan as the borrower. Ryan and Pryor entered into a partnership agreement under which Pryor would improve and develop the Valleyheart property for sale and also serve as a tenant. Under the agreement, Pryor would receive half of the profits from the sale of the Valleyheart property after Ryan recovered her investment and Pryor was compensated for his improvements to the…