Legal Opinion

Banerian v. O'MALLEY

California Court of Appeal

Decided October 23, 1974No. Civ. 31344PublishedCited by 45 opinions

1Opinion of the Court

Opinion

ROUSE, J.

Plaintiffs, Gordon and Margaret Banerian, appeal from a judgment of dismissal entered after the trial court sustained, without leave to amend, defendant William O’Malley’s demurrer to the third count of plaintiffs’ complaint.

The third count of the complaint incorporates various factual allegations from the other five counts of the complaint. In order to understand the theory upon which the third count is based, it is essential that we summarize the entire complaint.

Taking in chronological order the facts which are alleged by plaintiffs to have occurred, it appears that on or…

2Cases cited27 opinions

  1. Gray v. Zurich Insurance Co.California Supreme Court · 1966
  2. Lucas v. HammCalifornia Supreme Court · 1961
  3. Budd v. NixenCalifornia Supreme Court · 1971
  4. Faulkner v. California Toll Bridge AuthorityCalifornia Supreme Court · 1953
  5. Amaya v. Home Ice, Fuel & Supply Co.California Supreme Court · 1963

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

3Cited by45 opinions

  1. Nano Maldonado v. Tony Harris, in His Capacity as Acting Director of the California Department of TransportationCourt of Appeals for the Ninth Circuit · 2004
  2. Carman v. AlvordCalifornia Supreme Court · 1982
  3. Fox v. PollackCalifornia Court of Appeal · 1986
  4. Cellular Plus, Inc. v. Superior CourtCalifornia Court of Appeal · 1993
  5. Whitcombe v. County of YoloCalifornia Court of Appeal · 1977

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

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