Ohlstein v. Hillcrest Paper Co.

This is a motion by certain defendants to dismiss the complaint for insufficiency on the grounds that it appears on the face thereof that it does not state a cause of action (Rules Civ. Prae., rule 106, subd. 4), that the plaintiff does not have legal capacity to sue (Rules Civ. Prae., rule 106, subd. 2) and that there is another action pending between the same parties for the same cause (Rules Civ. Prae., rule 106, subd. 3). Based upon a supporting affidavit, the defendants also move, in the alternative, under rule 107 of the Rules of Civil Practice, to dismiss the complaint in that the…