Mabee

Mabee v. County of Riverside CA4/2

Good Law
Court of Appeal of CaliforniaMay 14, 2015E059496California4,750 words

Opinion

Opinion

I. INTRODUCTION

Plaintiffs and appellants Robert D. and Martha A. Mabee (plaintiffs), in propria

persona, appeal from the judgment dismissing their first amended complaint against

defendant and respondent County of Riverside (the County) for breach of contract, fraud,

and other torts—based on the County’s failure to record a 1995 deed granting plaintiffs a

nonexclusive easement over public property to access plaintiffs’ property. The judgment

was entered after the trial court sustained the County’s demurrer to the complaint without

leave to amend. We agree the complaint does not and cannot state a cause of action

against the County. Accordingly, we affirm.

II. STANDARD OF REVIEW

A general demurrer tests the legal sufficiency of the allegations of a complaint by

claiming the allegations, even if true, do not state a cause of action. (McKenney v.

Purepac Pharmaceutical Co. (2008) 167 Cal.App.4th 72, 77.) On appeal from a

judgment of dismissal following an order sustaining a general demurrer, our review is

guided by long-settled principles. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) We read

the complaint as a whole and its parts in their context. (Ibid.; City of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.