Modacure
Modacure v. B&B Vehicle Processing, Inc.
Opinion
Lead Opinion
Simons, J.
*691 Plaintiff and appellant Joanna Modacure (plaintiff) appeals from the trial court's dismissal of her Second Amended Complaint *692 (SAC) after the court sustained the defendants' demurrer without leave to amend. We reverse as to one of the two causes of action in the SAC.
On review of a demurrer sustained without leave to amend, we accept the factual allegations of the complaint as true and review the pleading de novo to *763 determine whether the facts as pleaded state a cause of action. ( Aubry v. Tri-City Hospital Dist. (1992) 2 Cal 4th 962 , 966-967, 9 Cal.Rptr.2d 92 , 831 P.2d 317 ; Satten v. Webb (2002) 99 Cal.App.4th 365 , 374-375, 121 Cal.Rptr.2d 234 .) " 'We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of law or fact.' " ( Blank v. Kirwan (1985) 39 Cal.3d 311 , 318, 216 Cal.Rptr. 718 , 703 P.2d 58 .)
The SAC, filed March 2017, alleges that defendant City of Oakland (City) contracted with defendant B&B Vehicle Processing (B&B) to tow vehicles with more than five parking citations. 1 In 2010 a "black chev" owned by plaintiff was towed and sold due to $841 in parking tickets and "boot fees."…