Redln Enterprises v. City of San Diego CA4/1
Opinion
Opinion
BACKGROUND
Because this is an appeal following a successful demurrer, we accept as true all
facts properly pled in Redln's SAC, and also incorporate any facts judicially noticed.
(Gu v. BMW of North America, LLC (2005) 132 Cal.App.4th 195, 200.)
The SAC alleges that Redln, doing business as "All in One," obtained a business
license from the City in 1997 to sell used cars wholesale to dealers on property generally
located at 943-949A Heritage Road, San Diego (the property). (SAC, ¶¶ 10, 12.) Redln
that same year received the required approval from the Department of Motor Vehicles
(DMV) to operate this business.
The SAC further alleges that in July 1999, doing business as "Vehicle Storage
Auction Pool" (VSAP), Redln obtained written approval from the City to operate a
We note from the record that Redln's complaint asserts four causes of action, including two additional causes of action based on section 1983 (e.g., third cause of action for unlawful policy/custom and fourth cause of action for failure to train employees). On appeal, however, Redln challenges only the demurrer to its first and second causes of action.