Hyon

background from the properly pleaded material allegations of the operative complaint. (Estate of Dito (2011) 198 Cal.App.4th 791, 795.) However, when one of the grounds for the demurrer is the res judicata effect of prior litigation between the parties, as in this case, we must necessarily consider the actions that are claimed to have preclusive effect. (Ibid.) Therefore, we begin by summarizing the prior litigation between the parties.2 Decker Island Litigation Decker Island is located in the Sacramento River in Solano County. In the early 1990’s, Hyon and a business partner, Laurence Colangelo, agreed to find individuals interested in investing in a sand-mining operation on Decker Island. Under the agreement with the owner of Decker Island, Hyon and Colangelo were to receive a finder’s fee for locating investors. Hyon sought to find investors in Japan. Although the pair found willing investors, the owner of Decker Island failed to pay the finder’s fee and began dealing directly with investors located by Hyon and Colangelo. Hyon and Colangelo commenced what we refer to as the “Decker Island litigation” in 1993 by filing suit in Solano County against the owner of Decker Island.…