Castriotis

Castriotis v. Cummins

Good Law
1928 Cal. App. LEXIS 819·93 Cal. App. 654·269 P. 1115
Court of Appeal of CaliforniaAugust 25, 1928Docket No. 5817.California1,058 words

Opinion

Lead Opinion

Conrey, J.

Judgment was entered in favor of the defendant, pursuant to an order sustaining demurrer to sixth amended complaint without leave to amend. The plaintiff appeals.

The first count is upon a cause of action to recover damages for breach of promise of marriage. The second count is upon a cause of action to recover damages for fraud and deceit through and by means of which the defendant obtained from the plaintiff certain large sums of money and other personal property.

The demurrer to the first count of the complaint was made upon the ground that said count did not state facts sufficient to constitute a cause of action; that several causes of action were improperly united in the complaint; that the alleged cause of action is barred by the provisions of certain stated sections of the Code of Civil Procedure; that the said count is ambiguous for certain stated reasons; likewise that said count is uncertain for the same reasons. The demurrer to the second count of the complaint is like the first, except that additional grounds of ambiguity, and of uncertainty, are stated.

In the brief filed on behalf of appellant the various phases of the action as stated in the complaint are…

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.