Legal Opinion

James v. Herbert

California Court of Appeal

Decided April 3, 1957No. Civ. 21924PublishedCited by 43 opinions

1Opinion of the Court

VALLÉE, J.

Appeal by plaintiff from a judgment of dismissal in favor of defendants Prescott, Jr., and Roberts entered on an order sustaining their general and special demurrer to the amended complaint with leave to amend. Plaintiff declined to amend and the judgment of dismissal followed. The record does not disclose the ground or grounds on which the demurrer was sustained. We are in accord with plaintiff’s criticism of this practice.

The amended complaint, to be referred to as the complaint, is for damages arising out of an alleged conspiracy of defendants to exclude plaintiff from further…

2Cases cited28 opinions

  1. Universal Sales Corp. v. California Press Manufacturing Co.California Supreme Court · 1942
  2. Buxbom v. SmithCalifornia Supreme Court · 1944
  3. Schaefer v. BerinsteinCalifornia Court of Appeal · 1956
  4. Bates v. BabcockCalifornia Supreme Court · 1892
  5. Stott v. JohnstonCalifornia Supreme Court · 1951

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

3Cited by43 opinions

  1. Wise v. Southern Pacific Co.California Court of Appeal · 1963
  2. Agnew v. ParksCalifornia Court of Appeal · 1959
  3. G. D. Searle & Co. v. Superior CourtCalifornia Court of Appeal · 1975
  4. GHK Associates v. Mayer Group, Inc.California Court of Appeal · 1990
  5. Gherman v. ColburnCalifornia Court of Appeal · 1977

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

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