Gabaldon

Gabaldon v. United Farm Workers Organizing Committee

Caution
111 Cal. Rptr. 203·1973 Cal. App. LEXIS 754·35 Cal. App. 3d 757·86 L.R.R.M. (BNA) 2034
Court of Appeal of CaliforniaDecember 4, 1973Civ. 1736California3,923 words

Opinion

Opinion

Brown, J.

Plaintiffs appeal from a judgment on the pleadings in favor of the defendants rendered on the ground their complaint does not state facts sufficient to constitute a cause of action.

A motion for judgment on the pleadings is treated identically to a demurrer. (Welshans v. City of Santa Barbara (1962) 205 Cal.App.2d 304, 305 [ 23 Cal.Rptr. 108 ].) Consequently, the facts alleged in the complaint must be assumed to be true and liberally construed in favor of the party against whom the motion is made. (Gill v. Curtis Publishing Co. (1952) 38 Cal.2d 273, 275 [ 239 P.2d 630 ]; Semole v. Sansoucie (1972) 28 Cal.App. 3d 714, 719 [ 104 Cal.Rptr. 897 ].)

The named plaintiffs are farm workers. The defendant United Farm Workers Organizing Committee (hereinafter “union”) is an unincorporated labor organization; the other defendants are 26 major growers (hereinafter “growers”) of agricultural crops in the southern San Joaquin Valley. The plaintiffs commenced this class action on behalf of themselves and others similarly situated, alleging that on July 29, 1970, the union and growers entered into a collective bargaining agreement; they complain that some of the provisions of the…

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