Modacure

Modacure v. B&B Vehicle Processing, Inc.

Good Law
241 Cal. Rptr. 3d 761·30 Cal. App. 5th 690
Court of Appeal of CaliforniaDecember 21, 2018A151799California1,858 words

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."…

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