Owens

Owens v. Foundation for Ocean Research

Caution
107 Cal. App. 3d 179·165 Cal. Rptr. 571·1980 Cal. App. LEXIS 1953
Court of Appeal of CaliforniaJune 19, 1980Civ. 22036California1,658 words

Opinion

Opinion

Brown, J.

Vernon S. Owens appeals a judgment dismissing his action against the Foundation for Ocean Research (FOR) and its representatives for damages based upon claims in equitable estoppel, fraud, interference with contract and/or prospective economic advantage, civil conspiracy, and breach of warranty of authority. The trial court dismissed the action after sustaining FOR’s demurrer on the ground the complaint failed to state any cause of action on the facts alleged.

It should be noted at the outset our review is limited by the following established principles: A demurrer admits the truth of all properly pleaded material allegations in the complaint, without regard to the difficulty of proof (Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493, 496 [ 86 Cal.Rptr. 88 , 468 P.2d 216 ]). The allegations of the complaint must be liberally construed with a view to attaining substantial justice among the parties (King v. Central Bank (1977) 18 Cal.3d 840, 843 [ 135 Cal.Rptr. 771 , 558 P.2d 857 ], quoting from Youngman v. Nevada Irrigation Dist. (1969) 70 Cal.2d 240, 244-245 [ 74 Cal.Rptr. 398 , 449 P.2d 462 ]). However, all intendments weigh in favor of the regularity of the trial…

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