Legal Opinion

Collins v. Marvel Land Co.

California Court of Appeal

Decided November 24, 1970No. Civ. 35404PublishedCited by 17 opinions

1Opinion of the Court

Opinion

AISO, J.

In this action for specific performance and damages, defendants’ general demurrers to the second amended complaint were sustained with leave to amend as to all four counts. Upon plaintiffs’ failure to amend, the action was ordered dismissed. (Code Civ. Proc., § 581, subd. 3.) Plaintiffs appeal from the judgment entered upon the order of dismissal.

The sole ground of defendants’ demurrers and the basis upon which the court sustained them, is that the complaint fails to state facts sufficient to constitute a cause of action.

‘ 8

The facts alleged that are common to each cause of…

2Cases cited39 opinions

  1. Gagne v. BertranCalifornia Supreme Court · 1954
  2. Driscoll v. City of Los AngelesCalifornia Supreme Court · 1967
  3. King v. StanleyCalifornia Supreme Court · 1948
  4. Carney v. SimmondsCalifornia Supreme Court · 1957
  5. Gonsalves v. HodgsonCalifornia Supreme Court · 1951

34 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Secrest v. SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2California Court of Appeal · 2008
  2. Lazzarone v. Bank of AmericaCalifornia Court of Appeal · 1986
  3. Muraoka v. Budget Rent-A-Car, Inc.California Court of Appeal · 1984
  4. Valvo v. University of Southern CaliforniaCalifornia Court of Appeal · 1977
  5. Morrissey v. City and County of San FranciscoCalifornia Court of Appeal · 1977

12 more not listed; retrieve them via the Exa API.

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