Gardenswartz v. Equitable Etc. Soc.

23 Cal.App.2d Supp. 745 (1937)

SAMUEL B. GARDENSWARTZ, Respondent,

v.

THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES (a Corporation), Appellant.

Civ. A. No. 3593.

California Court of Appeals. Appellate Department, Superior Court, County of Los Angeles.

April 12, 1937.

Newlin & Ashburn and Ray G. Coleman for Appellant.

Philip Goodman for Respondent.

Shaw, P. J.

Plaintiff made a motion for summary judgment under section 437c of the Code of Civil Procedure, which provides in part as follows: "when an answer is filed, ... if it is claimed that there is no defense to the action, on motion of the…