gno.law

Lapique v. Ruef

California Court of Appeal · Civ. No. 416. · 1916-05-05 · Published · 158 P. 339 · 30 Cal. App. 391 · 1916 Cal. App. LEXIS 28

JOHN LAPIQUE, Appellant, v. ABRAHAM RUEF Et Al., Respondents

Proceeding
appeal from a judgment
Trial court
Superior Court of the City and County of San Francisco
Trial judge
John Hunt
Outcome
affirmed — The judgment is affirmed.
Area
civil
Panel
The Court. &#8212 (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

THE COURT.

This is an appeal upon the judgment-roll from an order entered in favor of the defendants Le Breton and Oliver sustaining their respective demurrers to the plaintiff’s second amended complaint, and from a judgment entered thereon. The demurrers assailed the complaint as a whole and the twenty alleged causes of action attempted to be pleaded therein, upon the ground, among others, of uncertainty and ambiguity.

*392 The demurrers upon the grounds stated were well taken, for the reason that it cannot be determined from the allegations of said second amended complaint whether plaintiff’s causes of action were founded upon alleged injuries to his person, his property, or his character, or upon an injury to the property of one Jean Louis Ader. This complaint was ambiguous and uncertain in the further particular that it cannot be ascertained therefrom whether the acts complained of were committed by the defendants in their individual capacity, or in one of the other capacities in which they are alleged to have acted. The demurrers having been properly sustained upon the ground stated and in the particulars pointed out, it will not be necessary for us to discuss the other grounds of demurrer.

The judgment is affirmed.

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