Johnson v. AIM and Associates CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The second amended complaint uses the Judicial Council’s form complaint for personal injury and property damage. Unlike most written complaints, the form complaint does not include language incorporating one cause of action’s factual allegations into another cause of action. Much of the defendants’ argument criticizes plaintiff for not stating facts in a particular cause of action when relevant facts are stated in other parts of the complaint. In her brief, plaintiff effectively states she pleaded all known material facts. (“The facts have not changed. No new fact was introduced . . . .”) Because we try to determine whether the complaint alleges facts sufficient to state a cause of action under any legal theory, we infer that all facts pleaded apply to each of plaintiff’s causes of action unless the second amended complaint specifies otherwise. For purposes of our review, we accept as true all of the complaint’s material allegations. (King v. CompPartners, Inc. (2018) 5 Cal.5th 1039, 1049, fn. 2.) Plaintiff alleges the following: On January 20, 2016, plaintiff met with defendant Neil Kesler, a disabled individual, in Kesler’s apartment. Kesler…