Legal Opinion

Evola v. Wendt Construction Co.

California Court of Appeal

Decided March 26, 1958No. Civ. 18116PublishedCited by 39 opinions

1Opinion of the CourtPeters, P. J.

This is a motion to dismiss the appeal either because the order appealed from is nonappealable, or because the appeal, in any event, has been abandoned.

The plaintiff filed a two count complaint, the first count seeking judgment against Wendt Construction Company and its surety, United Pacific Insurance Company, and the second seeking judgment against Builders’ Control Service. After a first amended complaint had been filed, the court on July 12, 1957, sustained, without leave to amend, a demurrer of the United Pacific Insurance Company to the first cause of action. On August 9, 1957, judgment…

2Cases cited8 opinions

  1. Lavine v. JessupCalifornia Supreme Court · 1957
  2. Kalmus v. KalmusCalifornia Court of Appeal · 1951
  3. Holden v. California Employment Stabilization CommissionCalifornia Court of Appeal · 1950
  4. Smith v. SmithCalifornia Court of Appeal · 1954
  5. Jeffers v. Screen Extras Guild, Inc.California Court of Appeal · 1951

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

3Cited by39 opinions

  1. Vesely v. SagerCalifornia Supreme Court · 1971
  2. Custodio v. BauerCalifornia Court of Appeal · 1967
  3. Luz v. LopesCalifornia Supreme Court · 1960
  4. Vibert v. BergerCalifornia Supreme Court · 1966
  5. Jones v. KvistadCalifornia Court of Appeal · 1971

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

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