Legal Opinion
Primock v. Jew
Colorado Court of Appeals
Decided April 19, 1984No. 83CA0817PublishedCited by 3 opinions
1Opinion of the Court
VAN CISE, Judge.
In this action for damages for breach of covenants in a lease, plaintiff, Joe Primock, appeals a judgment of dismissal entered by the trial court on motion of defendant, James M.K. Jew, at the end of plaintiff’s counsel’s opening statement. We reverse.
In effect, the trial court dismissed the action for failure to state a claim for relief. See C.R.C.P. 12(b)(5). Therefore, in reviewing the propriety of the court’s granting of the motion, we must consider the allegations in plaintiff’s complaint as true. Abts v. Board of Education, 622 P.2d 518 (Colo.1980); Colorado National…
2Cases cited8 opinions
- Abts v. Board of Education of School District Re-1 Valley in Logan CountySupreme Court of Colorado · 1981
- Cote v. A. J. Bayless Markets, Inc.Court of Appeals of Arizona · 1981
- Reltron Corp. v. Voxakis Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
- Baber v. BaberColorado Court of Appeals · 1970
- Colorado Nat. Bank of Denver v. FE Biegert Co., Inc.Supreme Court of Colorado · 1968
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3Cited by3 opinions
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- Ross Dress for Less, Inc. v. Makarios-Oregon, LLCDistrict Court, D. Oregon · 2016
- MHW Ltd. Family Partnership v. FarrokhiSouth Dakota Supreme Court · 2005