Grazer
Lincoln v. Grazer
Opinion
Opinion
Vallee, J.
Appeal by plaintiff from a judgment of dismissal entered on an order sustaining the demurrers of defendants to the original complaint without leave to amend.
The complaint alleges:
The prayer is for $16,000 damages.
Defendants Grazer, Chantry, Fox, Rhone, and Biseailuz demurred jointly on the grounds the complaint does not state facts sufficient to constitute a cause of action against them; it is uncertain and ambiguous in various particulars; and several causes of action are not separately stated. Defendant Kennedy filed a separate demurrer on the same grounds. The record does not disclose the ground or grounds on which the demurrers were sustained.
“On appeal from a judgment sustaining a demurrer to a complaint the allegations of the complaint must be regarded as true. The court must, in every stage of an action, disregard any defect in the pleadings which does not affect the substantial rights of the parties. (Code Civ. Proc., § 475.) ‘Pleadings must be reasonably interpreted; they must be read as a whole and each part must be given the meaning that it derives from the context wherein it appears.’ [Citation.] All that is necessary as against a general demurrer is to plead…