Legal Opinion
Wechsler v. Laskey-Weil, Inc.
California Court of Appeal
Decided October 28, 1974No. Civ. 43287PublishedCited by 7 opinions
1Opinion of the Court
Opinion
STEPHENS, J.
This appeal is from an order sustaining a demurrer to a first amended complaint on the sole ground that “no claim properly cognizable as a class action is stated.” In all other respects, the demurrer was overruled.
The case of Daar v. Yellow Cab Co., 67 Cal.2d 695, 699 [63 Cal.Rptr. 724, 433 P.2d 732] determined that where the legal insufficiency of the complaint as a class action is sought to be determined by an order sustaining the demurrer, the order is tantamount to a dismissal of the class action and is an appealable order.
The first amended complaint purports to state a…
2Cases cited3 opinions
- Vasquez v. Superior CourtCalifornia Supreme Court · 1971
- Daar v. Yellow Cab Co.California Supreme Court · 1967
- Jensen v. Allstate InsuranceCalifornia Court of Appeal · 1973
3Cited by7 opinions
- Rosack v. Volvo of America Corp.California Court of Appeal · 1982
- Hamwi v. Citinational-Buckeye Investment Co.California Court of Appeal · 1977
- Santa Barbara Optical Co. v. State Board of EqualizationCalifornia Court of Appeal · 1975
- Central Valley Chapter of 7th Step Foundation, Inc. v. YoungerCalifornia Court of Appeal · 1979
- Morrissey v. City and County of San FranciscoCalifornia Court of Appeal · 1977
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