Sui

Sui v. Price

Good Law
127 Cal. Rptr. 3d 99·196 Cal. App. 4th 933·2011 Cal. App. LEXIS 801
Court of Appeal of CaliforniaMay 23, 2011No. G044185California2,499 words

Opinion

Lead Opinion

Ikola, J.

Plaintiff Yan Sui appeals from the judgment dismissing with prejudice his action against defendants Stephen D. Price and 2176 Pacific Homeowners Association after the court sustained without leave to amend defendants’ demurrer to plaintiff’s complaint. The court ruled the complaint did not state facts sufficient to constitute a cause of action and could not be fixed. We affirm.

FACTS

Accepting “as true all material allegations of the complaint” (Bernson v. Browning-Ferris Industries (1994) 7 Cal.4th 926, 929 [ 30 Cal.Rptr.2d 440 , 873 P.2d 613 ]), we draw the following facts from plaintiff’s complaint.

The case involves plaintiff’s 1987 Mitsubishi van, which was registered in the name of his wife, Pei-yu Yang. From 1995 to 2003, plaintiff used the van to drive his family, including three young children, to various destinations, including to school, local parks, and vacation spots. Plaintiff also used the van to make deliveries for a printing brokerage business.

In 2003, the van’s engine broke down. From 2003 to February 2007, plaintiff kept the inoperable, locked van parked in his exclusive parking space *936 between units C and D. Plaintiff’s family, including his…

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