Devidian

Devidian v. Automotive Service Dealers Assn.

Good Law
111 Cal. Rptr. 228·1973 Cal. App. LEXIS 770·35 Cal. App. 3d 978
Court of Appeal of CaliforniaNovember 21, 1973Civ. 1785California3,107 words

Opinion

Opinion

Thompson, J.

Plaintiffs and “plaintiffs”) appeal from a judgment dismissing their cause of action against defendants and respondents (hereinafter referred to as “defendants”) after general demurrers filed by two separate sets of defendants were sustained without leave to amend. Motions to strike certain paragraphs of the complaint were also granted.

Plaintiffs’ second amended complaint essentially realleges the first count of the first amended complaint and may be summarized as follows:

Defendant Earl Baker and Does 1 to 300 are at some or all times members of defendant Automotive Service Dealers Association (hereinafter referred to as “Association”) and as a group are referred to as defendant-members.

Defendant Baker and Does 301 through 1,000 are owners and/or operators of service stations in Fresno or Madera Counties at some time or all times between September 21, 1966, and June 5, 1967, this group being referred to as defendant-owners.

Does 1,001 to 1,100 are gasoline distributors engaged in the business of refining, marketing, distributing or supplying gasoline to defendant-owners at some or all times between September 21, 1966, and June 5, 1967, the group being referred to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.