Commons

Commons v. Schine

Good Law
110 Cal. Rptr. 606·1973 Cal. App. LEXIS 698·35 Cal. App. 3d 141
Court of Appeal of CaliforniaNovember 8, 1973Civ. 41421California1,504 words

Opinion

Opinion

Thompson, J.

This is an appeal from a judgment on the pleadings entered on respondents’, defendants’, motion attacking appellant’s first amended complaint. We reverse the judgment.

Since we deal here with a judgment on the pleadings, the ultimate issue is the sufficiency of appellant’s complaint. In determining that issue, we accept as true the allegations of that pleading. (Builders’ Control Service of No. Cal., Inc. v. North American Title Guar. Co., 205 Cal.App.2d 68, 73 [ 22 Cal.Rptr. 712 ]; Franklin v. Municipal Court, 26 Cal.App.3d 884, 900 [ 103 Cal.Rptr. 354 ].)

The allegations of appellant’s first amended complaint establish the following for the purpose of this appeal. Pomona Valley Inn Corporation (the corporation) was incorporated in the fall of 1964. G. David Schine was at all times material the sole shareholder, president, and a director of the corporation. He totally dominated and controlled it. Pomona Valley Inn (the bankrupt) is a limited partnership promoted by Schine organized in October 1964 to acquire, develop and operate a motel, restaurant and bar. The corporation is the sole general partner of the bankrupt, and through the corporation Schine was in complete…

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