Baumrucker

Baumrucker v. American Mortgage Exchange, Inc.

Good Law
1967 Cal. App. LEXIS 2125·250 Cal. App. 2d 451·58 Cal. Rptr. 677
Court of Appeal of CaliforniaApril 26, 1967Civ. 23505California3,390 words

Opinion

Opinion

Molinari, J.

Plaintiff appeals from a judgment dismissing his complaint as to defendants, which judgment was entered upon the sustaining without leave to amend of a demurrer to plaintiff’s complaint. The sole issue presented is whether plaintiff’s complaint states a cause of action against the demurring defendants. We hold that it does.

On September 1, 1965 plaintiff filed his “Complaint for Damages (Fraud),” naming as defendants American Mortgage Exchange, Inc., Clelland O. Whitton, Vida L. Herold, Edward A. Keith, Helen Loebs, George Edsel, Nor-wood Patterson, and Gloria D. Patterson. This complaint set forth four “causes of action.” In the “first cause of action” plaintiff alleged that defendants, except Norwood and Gloria Patterson, represented to him that for their livelihood they had invested their own money and that of the public and were experienced and skilled in the investment of funds; that plaintiff, who had no training in investments and no time to adequately supervise investments, had, by virtue of his employment, which involved extensive dealings with stock brokers who are members of the New York Stock Exchange, come to rely on the honesty, integrity, skill, and good faith of…

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