Legal Opinion
Barasch v. Epstein
California Court of Appeal
Decided January 7, 1957No. Civ. 21783PublishedCited by 4 opinions
1Opinion of the Court
VALLÉE, J.
Appeal by defendant from a judgment for plaintiff entered on the granting on his motion for judgment on the pleadings.
The action is for money alleged to be due plaintiff from defendant. The question is the sufficiency of the answer. A plaintiff may recover judgment on a motion for judgment on the pleadings only if his complaint states facts sufficient to constitute a cause of action and the answer neither raises a material issue nor states a defense. (21 Cal.Jur. 235, § 164.) We have concluded that the answer explicitly traverses various material allegations of the complaint and…
2Cases cited6 opinions
- MacIsaac v. PozzoCalifornia Supreme Court · 1945
- Cuneo v. LawsonCalifornia Supreme Court · 1928
- Bergerow v. ParkerCalifornia Court of Appeal · 1906
- Fabbro v. Dardi & Co.California Court of Appeal · 1949
- Osborne v. AbelsCalifornia Court of Appeal · 1939
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McClain v. City of South PasadenaCalifornia Court of Appeal · 1957
- Union Oil Co. v. MoeschCalifornia Court of Appeal · 1979
- Engine Manufacturers Ass'n v. State Air Resources BoardCalifornia Court of Appeal · 2014
- Bank of America v. Unit 73 Meadow Lane Partnership CA3California Court of Appeal · 2014