Legal Opinion

Mel H. Binning, Inc. v. Safeco Ins. Co. of Am.

California Court of Appeal

Decided October 4, 1977No. Civ. 40221PublishedCited by 7 opinions

1Opinion of the Court

Opinion

BRAY, J. *

—Plaintiff appeals from judgment of the Alameda County Superior Court of dismissal of the action after sustaining of the demurrer to the third amended complaint.

Issue Presented

Does the third amended complaint state a cause of action in fraud?

Record

On March 12, 1976, plaintiff filed a third amended complaint for damages in which it was alleged that on or about September 17, 1976, plaintiff suffered a serious fire at its leased premises caused by a defective coffee maker made and distributed by the defendants Brewmatic Company, Farmer Brothers Coffee Company, and Custom Coffee…

2Cases cited5 opinions

  1. Murphy v. Allstate InsuranceCalifornia Supreme Court · 1976
  2. Roberts v. Ball, Hunt, Hart, Brown & BaerwitzCalifornia Court of Appeal · 1976
  3. Universal By-Products, Inc. v. City of ModestoCalifornia Court of Appeal · 1974
  4. Zahn v. Canadian Indemnity Co.California Court of Appeal · 1976
  5. Spencer v. State Farm Mutual Automobile InsuranceCalifornia Court of Appeal · 1957

3Cited by7 opinions

  1. Royal Globe Insurance v. Superior CourtCalifornia Supreme Court · 1979
  2. Downing v. Travelers InsuranceIdaho Supreme Court · 1984
  3. Lewis v. Royal Globe Insurance Co.Appellate Court of Illinois · 1988
  4. Geraci v. United Services Automobile Assn.California Court of Appeal · 1987
  5. Arutyun Darakchyan v. State Farm General Insurance CompanyDistrict Court, C.D. California · 2025

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