Panterra GP, Inc. v. Superior Court

BACKGROUND

Allegations in the Operative Pleading On review of an order sustaining a demurrer, we accept as true the factual allegations of the complaint. (Glen Oaks Estates Homeowners Assn. v. Re/Max Premier Properties, Inc. (2012) 203 Cal.App.4th 913, 919.) Assessing the facts in this manner leaves us with the following situation. Panterra GP is a licensed general contractor. Rosedale and Movie Grill intended for Panterra GP to perform renovation work on the Studio Movie Grill in Bakersfield, California. Despite this intent, defendants drafted a contract that mistakenly listed a different entity – Panterra Development Ltd., L.L.P. (Panterra Development)– as the contractor for the project. Panterra Development is not licensed as a contractor in California. Panterra GP is the general partner of Panterra Development.

1 The operative complaint identified plaintiff as “Panterra G P Inc.” However, records filed with the Secretary of State contained in the exhibits to the petition for writ of mandate indicate the entity’s name is “Panterra GP, Inc.” We will use the latter in this opinion. 2 All further statutory references are to the Business and Professions Code unless otherwise…