Yokoyama v. San Carlos Operating Co.

Lewis, David C., J.

The complaint lists two causes of action. The defendant treats them as sounding in trover and the plaintiff apparently acquiesces in this deduction. The defendant moves for the dismissal of the complaint on the ground that it appears on the face of the complaint that it does not state facts sufficient to constitute a cause of action. The plaintiff submits neither argument nor authorities in support of his complaint, content to let the document speak for itself.

The complaint is composed of substantially the following facts: That the plaintiff on about February 15, 1932, duly…