Hacker

facts as pled in the complaint. (Berg & Berg Enterprises, LLC v. Boyle (2009) 178 Cal.App.4th 1020, 1034 [“in considering the merits of a demurrer, ‘the facts alleged in the pleading are

3 They each agreed to provide funds for the venture, with the property being held by Gaelle II, LLC (Gaelle), a corporate entity that both parties controlled. Hacker contributed $75,000 to the initial purchase. Levy also purportedly agreed to pay Hacker the difference between the actual cost of the property and $970,000. Per the agreement, “[t]o secure the payment to Hacker, Levy shall provide Hacker a [n]ote secured by a [d]eed of [t]rust against the [p]roperty.” The note and deed of trust would be held by Levy’s attorney until Hacker fulfilled his obligations under the agreement, which included evicting the apartment building’s tenants. On January 8, 2019, enroute to the foreclosure sale, Levy demanded that Hacker sign off on an amendment to the original agreement, threatening that he would not attend the sale if Hacker did not immediately agree. Among other things, the amendment gave Levy the option to require Hacker to purchase the property outright within 30 days. Hacker signed the…