Gregory v. Albertson's, Inc.

Margaret Rose Gregory appeals an order and a judgment on the pleadings dismissing her first amended complaint against Albertson’s Inc., and Ires (California), Inc. (hereafter Albertson’s and Ires), to enjoin an unfair business practice. We affirm.

Factual Background

Appellant filed her first amended complaint after the trial court sustained a demurrer filed by Albertson’s to the original complaint. As amended, the complaint alleges appellant is “an individual citizen and resident of the city of Alameda, County of Alameda, State of California.” Ires is the owner of the Bridgeside Shopping Center in Alameda, California. In 1972, Ires leased to Albertson’s predecessor “the larger one of the two major anchor stores” in the shopping center, which was “specially fitted for the sale of grocery and sundry items by a larger retailer of such items.” Albertson’s now holds the leasehold interest under a lease that “currently runs through the year 2042, including extension options.”

In February 1997, Albertson’s opened a large retail facility at Fruitvale Station Shopping Center in Oakland. The first amended complaint alleges that Albertson’s “determined” that this facility “should…