Oates v. Nelson

I dissent.

Our Supreme Court points out in its order of retransfer of this case that Muktarian v. Barmby, 63 Cal.2d 558, 560 [47 Cal.Rptr. 483, 407 P.2d 659], limits the doctrine of Leeper v. Beltrami, 53 Cal.2d 195 [1 Cal.Rptr. 12, 347 P.2d 12, 77 A.L.R.2d 803], insofar as the statute of limitations is concerned. There is nothing in the order of retransfer which remotely suggests that Muktarian limits the doctrine of Leeper which requires our courts to look beyond the relief sought when the facts of the basic cause of action are apparent from the face of a pleading.

The pertinent allegations…