Garaventa

Filed 2/29/24 Garaventa v. Binswanger CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

JOSEPH GARAVENTA,

A165750

Plaintiff and Appellant, v. (Contra Costa County Super. Ct. No. MSC18-01289)

WALTER BINSWANGER, III,

Defendant and Respondent.

Plaintiff Joseph Garaventa appeals following the trial court’s orders sustaining without leave to amend the demurrers of defendant Walter Binswanger, III. We affirm.

BACKGROUND1

Joseph Garaventa is one of five adult siblings; the others are Silvio Garaventa, Jr., Marie Louise Adler, Louisa Binswanger, and Linda Colvis.

1 “ ‘ “[W]e treat the demurrer as admitting all material facts properly

pleaded, but not contentions, deductions or conclusions of fact or law.” ’ ” (Rincon Band of Luiseño…