Colby

Colby v. Pierce

Caution
15 Cal. App. 2d 723·1936 Cal. App. LEXIS 131·59 P.2d 1046
Court of Appeal of CaliforniaJuly 31, 1936Civ. 1643California1,067 words

Opinion

Opinion

Jennings, J.

Respondent Lucille M. Colby has moved to dismiss the appeals taken by appellant. The action in which the appeals have been prosecuted was instituted by respondent who filed a complaint wherein she alleged that she had suffered certain personal injuries through the negligence of appellant who was named as sole defendant in the action and whereby she sought to recover compensatory damages for such injuries. To the complaint thus filed appellant interposed a demurrer. No action was taken on the demurrer. At a somewhat later date an amended complaint was filed. To this amended pleading a second demurrer was interposed. Thereafter, on notice duly given, appellant moved the trial court to dismiss the action. This motion was granted and an order dismissing the action was entered in the court’s minutes on February 10, 1936. On the following day on ex parte application of respondent the court made and entered in its minutes a second order vacating the prior order dismissing the action. On February 17, 1936, the court made and entered in its minutes a third order denying appellant’s motion to dismiss the action. Separate appeals were taken by appellant from the order of February 11, 1936,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.