Legal Opinion

Kowal v. Day

California Court of Appeal

Decided October 20, 1971No. Civ. 38199PublishedCited by 6 opinions

1Opinion of the Court

Opinion

HERNDON, J.

Plaintiff appeals from an order of dismissal entered after the court below had sustained defendants’ demurrer to his amended complaint without leave to amend. Appellant now contends that his amended complaint stated a cause of action, and, alternatively, that it was an abuse of discretion to deny him leave to amend further. We conclude that the complaint does state a cause of action, and that the order appealed from should be reversed. .

The following statement of facts is taken from appellant’s first amended complaint: “That on or about June 12, 1970 the plaintiff and…

2Cases cited16 opinions

  1. Ellis v. MihelisCalifornia Supreme Court · 1963
  2. Lawrence Block Co. v. PalstonCalifornia Court of Appeal · 1954
  3. R. J. Cardinal Co. v. RitchieCalifornia Court of Appeal · 1963
  4. Shortell v. Evans-Ferguson Corp.California Court of Appeal · 1929
  5. Central Oil Co. v. Southern Refining Co.California Supreme Court · 1908

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

3Cited by6 opinions

  1. Bleecher v. ConteCalifornia Supreme Court · 1981
  2. Steiner v. ThextonCalifornia Supreme Court · 2010
  3. Money Store Investment Corp. v. Southern California BankCalifornia Court of Appeal · 2002
  4. Sala & Ruthe Realty, Inc. v. CampbellNevada Supreme Court · 1973
  5. Abatti v. EldridgeCalifornia Court of Appeal · 1980

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

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