Free v. Republic Insurance

Opinion

GATES, Acting P. J.

In the instant appeal plaintiff Donald R. Free challenges the orders of dismissal entered after the trial court sustained without leave to amend the demurrers of defendants Republic Insurance Company and Wilkinson Insurance Agency to plaintiff’s second amended complaint.

Because this appeal arises from a judgment entered after the sustaining of a demurrer, we must, under established principles, assume the truth of all properly pleaded material allegations of appellant’s second amended complaint in evaluating the propriety of the trial court’s action. (Tameny v.…