Lowell

Lowell v. Mother's Cake & Cookie Co.

Caution
144 Cal. Rptr. 664·1978 Cal. App. LEXIS 1368·79 Cal. App. 3d 13·6 A.L.R. 4th 184
Court of Appeal of CaliforniaMarch 22, 1978Civ. 40822California3,546 words

Opinion

Opinion

Kane, J.

—Plaintiff, Fred Lowell, Jr., the sole owner of Lowell Freight Lines, Inc., a common carrier, appeals from a judgment of dismissal entered after respondent’s demurrer to the second amended complaint was sustained without leave to amend.

Appellant filed his original complaint (Complaint) on January 30, 1976, alleging causes of action for interference with prospective economic advantage, and violations of the Cartwright Act (Bus. & Prof. Code, §§ 16700-16758) and the California Unfair Practices Act (Bus. & Prof. Code, § 17000 et seq.). Respondent’s demurrer to the Complaint was sustained with leave to amend as to the cause of action for wrongful interference with prospective economic advantage, and without leave to amend as to the second cause of action charging violations under the Cartwright Act and the Unfair Practices Act. Appellant filed his first amended complaint on May 20, 1976, alleging a single cause of action predicated on the theory of wrongful interference with prospective economic advantage. After respondent’s demurrer to the first amended complaint was sustained with leave to amend, appellant filed his second amended complaint (hereafter Second Complaint)…

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