Campbell

Campbell v. Clark

Good Law
159 Cal. App. 2d 432·1958 Cal. App. LEXIS 2017·324 P.2d 51
Court of Appeal of CaliforniaApril 17, 1958Civ. 22624California1,619 words

Opinion

Opinion

Herndon, J.

Plaintiff appeals from a judgment rendered against her after defendants’ objection to the introduction of any evidence had been sustained and after plaintiff’s motion for leave to amend her complaint had been denied. The stated ground of the objection and the basis for the ruling was that the complaint failed to state a cause of action. •Similar rulings were made in another action which was consolidated with the instant action for purposes of trial. The appeal from the ensuing judgment in the companion case is the subject of our opinion this day filed in Campbell v. Clark (No. 22625), post, p. 439 [ 324 P.2d 55 ].

It is well settled, of course, that an objection to the introduction of any evidence on the ground that a complaint fails to state a cause of action is in the nature of a general demurrer to the complaint or a motion for judgment on the pleadings. Upon such an objection the allegations of the complaint must be accepted as true for the purposes of the objection. (Miller v. McLaglen, 82 Cal.App.2d 219, 223 [ 186 P.2d 48 ] ; Bice v. Stevens, 136 Cal.App.2d 368, 373 [ 289 P.2d 95 ]; Domino v. Mobley, 144 Cal.App.2d 24, 26 [300 P.2d 324]; Byson v. City of Los Angeles, 149…

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