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KHODAYARI v. MARINO

No. B229260.

BAHMAN KHODAYARI, Plaintiff and Appellant, v. NINA MARINO et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division One.

Filed November 4, 2011.

Attorney(s) appearing for the Case

Bahman Khodayari, in pro. per., for Plaintiff and Appellant.

Nemecek & Cole, Jonathan B. Cole, Mark Schaeffer and David B. Owen for Defendants and Respondents.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

CHANEY, J.

Plaintiff Bahman Khodayari challenges the trial court's order sustaining the defendants' demurrer without leave to amend. As explained below, based on misinformation, the trial court erroneously believed Mr. Khodayari's complaint was barred as a matter of law and, therefore, incapable of amendment. But, because the complaint was not legally barred, it was an abuse of discretion to deny Mr. Khodayari...

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