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Stella Onyeukwu v. Marjorie Howton

April 12, 2012

STELLA ONYEUKWU, PLAINTIFF AND APPELLANT,
v.
MARJORIE HOWTON, DEFENDANT AND RESPONDENT.



(Super. Ct. No. PC20100123)

The opinion of the court was delivered by: Blease , J.

Onyeukwu v. Howton

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Plaintiff Stella Onyeukwu brings this pro se judgment roll appeal following a bench trial of her breach of contract action against defendant Marjorie Howton, in which the court found that plaintiff -- rather than defendant -- breached the contract, and entered judgment in defendant's favor.

On appeal, plaintiff contends the trial court erroneously interpreted the parties' contract in light of "the evidence [that] clearly shows" defendant's contractual obligations and plaintiff's "uncontradicted testimony" that defendant breached those obligations. Moreover, plaintiff argues, even if she did fail to fulfill her own contractual obligations, that did not absolve defendant from doing the same.

We find no error and shall affirm the judgment.

BACKGROUND

Plaintiff has elected to proceed on a clerk's transcript (Cal. Rules of Court, rule 8.122; further rule references are to the California Rules of Court), and without a record of the trial proceedings.

Accordingly, we summarize the facts underlying the parties' dispute chiefly from the exhibits introduced at trial which have been made part of the appellate record.

At the time of these events, defendant had long been operating a licensed residential care facility for the elderly in Placerville, called Park Avenue Guest Home.

In January 2007, defendant sold the business to plaintiff, and was no longer active in its operation.

In the months following, family members of some residents made complaints, and the Department of Social Services (DSS) notified plaintiff, the administrator of record, that she ...


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