VAN AUDENHOVE v. PERRY

No. E065418.

DIRCK VAN AUDENHOVE, Plaintiff and Appellant, v. ROBERT D. PERRY, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Two.

June 14, 2017.


CERTIFIED FOR PUBLICATION

RAMIREZ, P. J.

ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT]

The opinion filed in this matter on May 19, 2017, is hereby modified as follows:

The second and third paragraphs of part III, on pages 4-5, are deleted and replaced with the following single paragraph:

"Our standard of review of an order sustaining a demurrer is well settled. We independently review the ruling on demurrer and determine de novo whether the complaint alleges facts sufficient to state a cause of action. [Citation.] In doing so, we `give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.] . . .' [Citation.]" (Parthemore v. Col (2013) 221 Cal.App.4th 1372, 1378.) "We assume the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken. [Citations.] We liberally construe the pleading with a view to substantial justice between the parties. [Citations.]" (Regents of University of California v. Superior Court (2013) 220 Cal.App.4th 549, 558.)

Except for this modification, the opinion remains unchanged. This modification does not effect a change in judgment.

HOLLENHORST, J., SLOUGH, J., concurs.


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