All Service Life Insurance v. Catling

HALL, District Judge.

The Defendant’s Motion to dismiss the First Amended Complaint is based upon two grounds: First, that the facts alleged are not sufficient to constitute a cause of action for fraud, and second, the statute of limitations has expired, and plaintiff has not pleaded facts which would bring them within the exception of West’s Ann. California Code of Civil Procedure, § 338 which does not toll the statute until discovery of the fraud.

Neither point is well taken.

Briefly, the Complaint, in substance, alleges that the plaintiff is an Insurance Company; that the defendant Catling,…