Mabee
Mabee v. County of Riverside CA4/2
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…