Legal Opinion
Kadota Fig Ass'n of Producers v. Case-Swayne Co.
California Court of Appeal
Decided April 2, 1946No. Civ. 7225PublishedCited by 31 opinions
1Opinion of the CourtThompson, J.
The plaintiff has appealed from an order of the court sustaining defendants’ demurrer without leave to amend, dismissing the action, and vacating a previous order in which it had sustained defendants’ demurrer to the complaint for lack of capacity of plaintiff to maintain the action because of its failure to file the certificate required by sections 2466 and 2468 of the Civil Code, but had granted plaintiff leave to amend.
The theory upon which the court dismissed the action is that the association, as a business or Massachusetts trust, whose directors are subject to replacement and election…
2Cases cited15 opinions
- Spier v. LangCalifornia Supreme Court · 1935
- Goldwater v. OltmanCalifornia Supreme Court · 1930
- California Savings & Loan Society v. HarrisCalifornia Supreme Court · 1896
- Payne v. BaehrCalifornia Supreme Court · 1908
- National Automobile Insurance v. WinterCalifornia Court of Appeal · 1943
10 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Tyrone v. KelleyCalifornia Supreme Court · 1973
- Murray v. WrightCalifornia Court of Appeal · 1958
- In Re Tru Block Concrete Products, Inc.United States Bankruptcy Court, S.D. California · 1983
- Kadota Fig Ass'n of Producers v. Case-Swayne Co.California Court of Appeal · 1946
- American Alternative Energy Partners II v. Windridge, Inc.California Court of Appeal · 1996
26 more not listed; retrieve them via the Exa API.