Fairchild v. Bank of America

Appeal from judgment entered pursuant to order sustaining without leave demurrer to first amended complaint.

Plaintiff, an alleged stockholder, sues the defendant bank for declaratory relief and injunction. The complaint fails to state a cause of action for any relief, and the trial court determined that “the alleged cause is not one in which the court should exercise its power to grant declaratory relief because a declaration of rights is not necessary or proper at the time under all the circumstances alleged. ’ ’

It is alleged in the complaint that “the defendant has been engaged for many…