SI 59 LLC v. Variel Warner Ventures, LLC

*148 SI 59 LLC (appellant) appeals from a judgment of dismissal following a demurrer to its Second Amended Complaint (SAC) by Variel Warner Ventures, LLC

*790 (Variel Warner), Variel Builders, LLC, (Variel Builders), Verdugo Management & Investment, Inc. (Verdugo), Troxler Residential Ventures XIX, LLC (Troxler), and Troxler Venture Partners, Inc. (Troxler Venture) (collectively respondents). Also, appellant appeals the postjudgment award of $81,420.25 in attorney fees to Variel Warner, Variel Builders, Troxler, and Troxler Venture. Appellant posits that the trial court erred when it ruled that the SAC was barred by a general release, and that appellant is not entitled to a declaration that the general release is unenforceable pursuant to Civil Code section 1668. 1 In the alternative, appellant avers that the trial court abused its discretion by not granting leave to amend the pleading, and that it violated appellant's due process right to notice and an opportunity to be heard by raising new cases and issues at the demurrer hearing. If we reverse the dismissal, appellant asks that we reverse the award of attorney fees. We find no error and affirm.

In affirming, we hold that…