Johnson v. Straight Arrow Properties, LLC
Opinion
Trial Court Opinion
I. BACKGROUND
23 The factual background is set forth more fully in the Court’s Order granting the 24 Association’s motion to dismiss Plaintiff’s First Amended Complaint (“FAC”) with leave to 25 amend. Dkt. 37. Plaintiff’s allegations relate to his visits to the Little Orchard Business Park in 26 January 2020, March 2020, and July 2020. SAC ¶ 9. He alleges that he went to the site on those 27 dates “with the intention to avail himself of its goods or services, including at the California’s Finest Detail Supply.” Id. Plaintiff alleges that Defendants Robert Brent Hughes and Kathryn Marie Hughes, both of whom are Trustees of the Robert and Kathryn Hughes Living Trust dated November 18, 2014, “owned the real property that contains California’s Finest Detail Supply located at or about 1847 Little Orchard St, San Jose, California” at the time of his visits and currently. Id. ¶ 2. Plaintiff alleges that “[a]ccording to the Little Orchard Business Park Enabling Declaration, Defendant Little Orchard Business Park Owners Association owned the commercial common areas in the business park, including lots 1 and 2, at the real property located at or about…