Gunther v. Tuneup Masters
Filed 5/16/06 Gunther v. Tuneup Masters CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
DAVID GUNTHER, Plaintiff and Appellant, v. TUNEUP MASTERS, INC., Defendant and Respondent. | G035756 (Super. Ct. No. 04CC10848) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Kirk H. Nakamura, Judge. Reversed.
Law Offices of Morse Mehrban and Morse Mehrban for Plaintiff and Appellant.
Seyfarth Shaw and Todd C. Hunt for Defendant and Respondent.
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Tuneup Masters demurred to David Gunther's second amended complaint. Although the demurrer was sustained with leave to amend, Gunther refused to amend and filed this appeal, contending his allegations were sufficient to state a cause of action. We agree and reverse.
FACTS
Gunther filed his second amended complaint as a putative class action against Tuneup Masters for unfair competition and restitution based on unjust enrichment. He alleges he went to Tuneup Masters in Santa Ana to get an oil and filter change for his car. â€
