Montalvo

Montalvo v. Zamora

Good Law
1970 Cal. App. LEXIS 2135·7 Cal. App. 3d 69·86 Cal. Rptr. 401
Court of Appeal of CaliforniaApril 28, 1970Civ. 1139California2,455 words

Opinion

Opinion

Coakley, J.

This appeal is from a judgment of dismissal following the sustaining, without leave to amend, of a general demurrer to the amended complaint, which pleads four causes of action. The order and memorandum sustaining the general demurrer recite that the demurrer is sustained upon the grounds that (1) no cause of action was stated, and (2) the court had no jurisdiction of the subject matter. The reason for lack of subject matter jurisdiction was not indicated. We assume, however, that it was upon the ground set forth in the defendant’s demurrer and points and authorities, namely, that the amount sued for is below the jurisdictional amount of the superior court. The appeal is from the judgment of dismissal entered following the sustaining of the demurrer to the first, third and fourth causes of action. Plaintiffs have abandoned their second cause of action.

The first cause of action of the amended complaint alleges that on April 27, 1968, the defendant employed plaintiffs, Grace Montalvo and Richard Montalvo, Jr., who are husband and wife, as agricultural workers for an indefinite period at a rate of $1.40 per hour; that on April 29, defendant employed Richard Montalvo, Sr.,…

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