Legal Opinion

Hayter v. Fulmor

California Court of Appeal

Decided October 30, 1944No. Civ. 7078PublishedCited by 8 opinions

1Opinion of the CourtThompson, J.

The plaintiff has appealed from a judgment against him in an action for damages resulting from alleged fraud of the respondent, which was rendered pursuant to an order sustaining a demurrer to the complaint, without leave to amend the pleading.

The problem to be determined on this appeal is whether the court abused its descretion in refusing to permit the plaintiff to amend his complaint. The question is, does the amended complaint attempt to allege, although it is imperfectly worded, a valid cause of action for damages growing out of fraud with relation to defendant’s duty to disclose the…

2Cases cited11 opinions

  1. Riley v. ChambersCalifornia Supreme Court · 1919
  2. Mobile Life Insurance v. RandallSupreme Court of Alabama · 1883
  3. Jones v. KellyCalifornia Supreme Court · 1929
  4. Haas v. GreenwaldCalifornia Supreme Court · 1925
  5. Bray v. LoweryCalifornia Supreme Court · 1912

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

3Cited by8 opinions

  1. Speegle v. Board of Fire UnderwritersCalifornia Supreme Court · 1946
  2. Steiner v. RowleyCalifornia Supreme Court · 1950
  3. Consul Limited, Kenneth B. Wilson Dba Ken Wilson Associates v. Solide Enterprises, Inc., a Corporation, and Hrh Operating Company, a CorporationCourt of Appeals for the Ninth Circuit · 1986
  4. Amarel v. ConnellCalifornia Court of Appeal · 1988
  5. Hardy v. Musicraft Records, Inc.California Court of Appeal · 1949

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

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