Castner

The Case

The respondents City of Torrance (hereinafter City) and Mary Coulter (hereinafter Coulter) filed a “Complaint for Declaratory Judgment and Claim and Delivery; Conversion and Contract,” pertaining to certain oil paintings by the artist William Ernest Root, also known as “Bill Brootip” (hereinafter Root), naming appellant Yvonne Castner (hereinafter Castner) and Douglas C. Phillips, an attorney (hereinafter Phillips), as defendants.

Appellant Castner and defendant Phillips answered the complaint and appellant Castner filed a cross-complaint, naming the City, Coulter and her former husband, Root, as cross-defendants, seeking to recover $1,650, interest and exemplary damages in the sum of $25,000 for breach of contract, conspiracy and fraud allegedly perpetrated upon her by the cross-defendants.

The City and Coulter filed a demurrer to the cross-complaint upon the ground that the cross-complaint failed to state facts constituting a cause of action. Subsequently, following the filing by Castner of her first amended cross-complaint, the City moved to strike the amended cross-complaint and demurred to the cross-complaint. Cross-complainant opposed the motion to…