Oliver

Oliver v. the Swiss Club Tell

Good Law

1963 Cal. App. LEXIS 1697·222 Cal. App. 2d 528·35 Cal. Rptr. 324

Court of Appeal of CaliforniaNovember 22, 1963Civ. 20915California6,192 words

Opinion

Molinari, J.

This is an appeal by plaintiffs from a summary judgment in favor of defendant “The Swiss Club Tell, an unincorporated association,” and from the order dismissing plaintiffs’ complaint.

Question Presented

Was the trial court justified in granting a summary judgment in favor of defendant The Swiss Club Tell, an unincorporated association ?

The Pleadings

In this action to restrain the diversion of the natural flow of waters, the amended complaint, filed on August 20, 1959, alleged substantial^ as follows: that plaintiffs were husband and wife and the owners in fee of certain property near Mill Valley, County of Marin; that said property adjoins a road known as “ ‘Edgewood Avenue’ ”; that plaintiffs are informed and believe, and therefore allege, that defendant The Swiss Club Tell is an unincorporated association transacting business for the benefit of its members and otherwise in the County of Marin under the name “ ‘The Swiss Club Tell’ ” and is and at all times mentioned was the owner in fee and in possession of certain real property near the Town of Mill Valley in the County of Marin adjoining said Edgewood Avenue and above the real property owned by plaintiffs; that defendant…

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Parties

ROY B. OLIVER
Plaintiff
THE SWISS CLUB TELL
Defendant

Judges

Molinari

Cites (45)

145 Mo. App. 371
377 Ill. 384
119 Ind. App. 437
219 Cal. 632
82 Cal. App. 2d 578
100 Cal. 67
210 Cal. 408
4 Cal. 2d 336
74 Cal. App. 2d 410
194 Cal. App. 2d 657
53 Cal. App. 530
182 Cal. 29
30 Cal. App. 308
210 Cal. 95
111 Cal. 668
74 Cal. 298
119 Cal. App. 2d 144
46 Cal. App. 325
213 Cal. 301
57 P.2d 222
42 Cal. 2d 284
34 Cal. 2d 125
199 Cal. 295
179 Cal. App. 2d 5
161 Cal. App. 2d 687
180 Cal. App. 2d 728
220 Cal. App. 2d 463
186 Cal. App. 2d 739
212 Cal. App. 2d 440
19 Cal. 2d 553
200 Cal. App. 2d 741
180 Cal. App. 2d 412
213 Cal. App. 2d 803
179 Cal. App. 2d 700
36 Cal. App. 2d 132
198 Cal. App. 2d 640
152 Cal. App. 2d 379
186 Cal. App. 2d 748
62 Cal. App. 2d 653
333 P.2d 133
167 Cal. App. 2d 69
21 Cal. App. 363
62 Cal. App. 2d 770
12 Cal. App. 2d 265
138 Cal. App. 2d 387