Zeller v. Siemens Transportation Systems

Filed 4/24/06 Zeller v. Siemens Transportation Systems CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977 .

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

APPEAL from a judgment of the Superior Court of Los Angeles County. Josh M. Fredricks, Judge. Affirmed.

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Wendel Zeller, in pro. per., for Plaintiff and Appellant.

Morrison & Foerster, Raymond L. Wheeler and Sarvenaz Bahar for Defendant and Respondent.

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Wendel Zeller appeals, in propria persona, from the entry of judgment against him on his second amended complaint after the trial court sustained the demurrer of defendant Siemens Transportations Systems, Inc. without leave to amend. We have reviewed Zeller's opening brief, his reply brief, his supplemental reply brief, and the record, and we conclude that the trial court correctly sustained the demurrer without leave to amend. At the hearing on the demurrer, Zeller expressly abandoned all causes of action other than his claim for breach of contract based on unpaid wages. Zeller's second amended complaint did not allege sufficient facts--as opposed to legal conclusions--to state a cause of action for breach of contract, and he has not carried his burden of showing that he could allege such facts if granted leave to amend. (See Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081.)

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED.

ROTHSCHILD, J.

We concur:

SPENCER, P.J.

MALLANO, J

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