MacLay Rancho Realty Co. v. Superior Court

Good Law
1927 Cal. App. LEXIS 904·81 Cal. App. 471·254 P. 287
Court of Appeal of CaliforniaFebruary 23, 1927Docket No. 5403.California1,285 words

Opinion

Lead Opinion

Craig, J.

On or about July 7, 1925, one A. B. Widney commenced an action in the Superior Court of Los Angeles County, against the Maclay Rancho Realty Company, a corporation, for moneys alleged by the complaint and amendments thereto to he due to the plaintiff from the defendant therein through the subdivision and sale of certain real property under a contract in writing between the parties, dated June 1, 1928.

It appears that the defendant took the plaintiff’s deposition, which was filed on 'September 11, 1925, and that on the 18th a demurrer to the complaint, motion to strike, and demand for a bill of particulars were filed; that on September 28th an amended complaint was filed, and that on October 8th the demurrer to the complaint was sustained, and the motion to strike was denied. On January 20, 1926, the plaintiff filed bills of particulars, numbered 1 and 2, and entered the default of the Maclay Rancho Realty Company to his amended complaint; on the next day the Realty Company filed a demurrer to said amended complaint, notice of motion to strike therefrom, and a demand for bill of particulars; on January 25, 1926, a stipulation extending the defendant’s time to plead, an answer, and…

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