Nevel

Nelson v. Nevel

Good Law
154 Cal. App. 3d 132·1984 Cal. App. LEXIS 1870·201 Cal. Rptr. 93
Court of Appeal of CaliforniaApril 5, 1984Civ. 68882California3,034 words

Opinion

Opinion

Arabian, J.

Introduction

Plaintiff and appellant, Rita Nelson (appellant), appeals from an order dismissing her complaint against defendant and respondent, Robert C. Nevel (respondent), after respondent’s motion for judgment on the pleadings was sustained without leave to amend.

Facts

Since the trial court rendered judgment for respondent on the pleadings, we must accept the allegations of appellant’s complaint as true, determining whether such allegations state, or can be amended to state, a cause of action. (See Sullivan v. Co. of Los Angeles (1974) 12 Cal.3d 710, 714-715, fn. 3 [ 117 Cal.Rptr. 241 , 527 P.2d 865 ]; 4 Witkin, Cal. Procedure (2d ed. 1971) Proceedings Without Trial, § 161, pp. 2816-2817.) Therefore, we turn to the specific allegations of the complaint.

Appellant filed a complaint against respondent on September 21, 1981, and alleged two separate causes of action. The first cause of action was captioned “Breach of Implied Contract,” and set forth the following facts:

Appellant lived with respondent from January 15, 1969, to February 15, 1978, when the parties separated. During the cohabitation, appellant performed housekeeping services for respondent, acted as…

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