Hall v. Historic Hotel Berry

Filed 4/28/06 Hall v. Historic Hotel Berry CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THIRD APPELLATE DISTRICT

(Sacramento)

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Rosie L. Hall, in propria persona, appeals from the judgment dismissing her complaint after the trial court sustained a demurrer without leave to amend.

We find no error and shall affirm the judgment of dismissal.

BACKGROUND

Because this case comes to us after the sustaining of a demurrer without leave to amend, we accept all material facts properly pleaded as true, including matters of which judicial notice may properly be taken, but not conclusions of fact or law, in determining whether the trial court abused its discretion in sustaining the demurrer without leave to amend. (See Aubry v. Tri‑City Hospital Dist. (1992) 2 Cal.4th 962, 966-967 (Aubry); Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1126; City of Morgan Hill v. Bay Area Air Quality Management Dist. (2004) 118 Cal.App.4th 861, 869-870.) What follows by way of background may be imperfect because of the substantially incomprehensible complaint.

Hall's pro se complaint is entitled â€