Legal Opinion
Ostrowski v. Miller
California Court of Appeal
Decided March 31, 1964No. Civ. 21460PublishedCited by 12 opinions
1Opinion of the CourtBray, P. J.
Plaintiffs appeal from judgment of dismissal in favor of defendant Hugh A. Miller as receiver for defendant P.S.R. & Associates, entered upon order sustaining with prejudice demurrer without leave to amend.
Questions Presented.
1. Should the demurrer of defendant receiver have been sustained because of refusal of the Kern County Superior Court to consent to this action against said receiver ? Yes.
2. Should the judgment of dismissal have included the words “with prejudice”? No.
Record.
Prior to the filing of this action, and on June 30, 1961, two of the defendants herein filed an action in Kern…
2Cases cited19 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- Peale v. PhippsSupreme Court of the United States · 1853
- Moxley v. Title Insurance & Trust Co.California Supreme Court · 1946
- Kelley v. UpshawCalifornia Supreme Court · 1952
- De Forrest v. CoffeyCalifornia Supreme Court · 1908
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3Cited by12 opinions
- Oakland Municipal Improvement League v. City of OaklandCalifornia Court of Appeal · 1972
- Drummond v. DesmaraisCalifornia Court of Appeal · 2009
- Vitug v. GriffinCalifornia Court of Appeal · 1989
- Jun v. MyersCalifornia Court of Appeal · 2001
- McCarthy v. PoulsenCalifornia Court of Appeal · 1985
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