Carlini

Carlini v. Louis Schultz Co., Inc.

Good Law
1917 Cal. App. LEXIS 241·33 Cal. App. 669·166 P. 365·166 P.2d 365
Court of Appeal of CaliforniaMay 16, 1917Civ. No. 2050.California583 words

Opinion

Lead Opinion

This is an appeal from a judgment in favor of defendant entered upon an order sustaining a demurrer to the second amended complaint after the plaintiff's refusal to further amend, in an action in which the relief asked was the cancellation of a lease or a modification thereof so as to make its terms less onerous upon the lessee.

The amended complaint is uncertain in many of the respects pointed out in the demurrer; but passing those defects, and addressing ourselves to the main objection, viz., want of facts averred in said amended complaint to constitute a cause of action, it appears from the amended pleading that “the said leased premises were located in what was then and there known as a ‘segregated district’ of San Francisco, . . . and said district was denominated and designated as the ‘segregated district’ by police authorities of San Francisco, for the purpose of permitting prostitutes and men with whom they might cohabit and other people of ‘easy virtue’ to reside and pursue their said life and calling in said ‘ segregated and restricted district’ without molestation or interference by the police in so doing; . . . and at said time both the lessor of said leased premises,…

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