Legal Opinion

Garrett v. Coast & Southern Federal Savings & Loan Ass'n

California Supreme Court

Decided July 18, 1973No. L.A. 30107PublishedCited by 122 opinions

1Opinion of the Court

Opinion

WRIGHT, C. J.

Plaintiffs in a class action appeal from an order of dismissal entered after the court sustained, without leave to amend, defendant’s demurrer on the ground that the complaint failed to state a cause of action.

Preliminarily, we observe that we are limited on this appeal to a determination of the sufficiency of the complaint as a matter of law and that for such purpose we treat the demurrer as admitting all allegations of material facts properly" pleaded but not admitting contentions, deductions, or conclusions of fact or law. (Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695,…

2Cases cited24 opinions

  1. Daar v. Yellow Cab Co.California Supreme Court · 1967
  2. Freedman v. Rector, Wardens & Vestrymen of St. Matthias ParishCalifornia Supreme Court · 1951
  3. United States v. ChildsSupreme Court of the United States · 1924
  4. Better Food Markets, Inc. v. American District Telegraph Co.California Supreme Court · 1953
  5. In Re Tastyeast, Inc.Court of Appeals for the Third Circuit · 1942

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

3Cited by122 opinions

  1. Perdue v. Crocker National BankCalifornia Supreme Court · 1985
  2. Begelfer v. NajarianMassachusetts Supreme Judicial Court · 1980
  3. Lake Ridge Academy v. CarneyOhio Supreme Court · 1993
  4. Collins v. Union Federal Sav. & Loan Ass'nNevada Supreme Court · 1983
  5. Morris v. Redwood Empire BancorpCalifornia Court of Appeal · 2005

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

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