Calhoun

I. FACTS AND PROCEDURAL BACKGROUND

On appeal from the sustaining of a demurrer, we accept as true the facts as alleged in the operative complaint. (Aryeh v. Canon Business Solutions, Inc. (2013) 55 Cal.4th 1185, 1189, fn. 1 (Aryeh).) We also accept as true facts of which a court may take judicial notice, though we do not assume the truth of contentions, deductions, or conclusions of law. (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924 (Yvanova).) A. Facts At all relevant times, Calhoun owned a residential property in Monte Sereno upon which he wanted to build a custom home (the residence). Roca was a licensed structural engineer, who prepared structural drawings and calculations for the residence. The City of Monte Sereno, following certain revisions, approved Roca’s drawings and calculations. In May 2017, a contractor working on the residence informed Calhoun of two structural problems. The contractor was unable to install crown molding due to a depression in the first floor ceiling. In addition, the second floor subfloor sloped by approximately one inch. Shortly thereafter, Calhoun informed Roca about these issues. Roca told Calhoun he would check the…