McMahon

McMahon v. Republic Van & Storage Co., Inc.

Good Law
1963 Cal. LEXIS 220·31 Cal. Rptr. 603·59 Cal. 2d 871·382 P.2d 875
Supreme Court of CaliforniaJune 25, 1963L. A. 27323California1,249 words

Opinion

Opinion

Schauer, J.

Plaintiff appeals from a judgment of dismissal of his complaint (first amended) as against demurring defendants Republic Van & Storage Co., Inc. (hereinafter called Republic), and Paul Smith, president of Republic, following the sustaining of their general demurrer thereto without leave to amend. We have concluded that the complaint does not establish that the action is barred by any limitation statute applicable to the demurring defendants, and that the judgment should therefore be reversed.

Plaintiff’s original complaint was filed February 6, 1961, and in addition to Republic and Smith named as defendants Majestic Warehouses, Inc. (hereinafter called Majestic), Southern Pacific (Railroad) Company, and three individuals alleged to be coemployes of plaintiff. Thereafter, on August 21, 1961, the first amended complaint was filed against the same defendants.

In both the original and the amended complaint plaintiff alleges in relevant part: In June 1953 he entered into a shipping order agreement with defendant Majestic, as a freight forwarding agent, for the storage in Chicago, Illinois, and later shipment of plaintiff’s household goods and certain other equipment from Chicago to…

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