Alcorn

Alcorn v. Anbro Engineering, Inc.

Good Law
1970 Cal. LEXIS 285·2 Cal. 3d 493·86 Cal. Rptr. 88·468 P.2d 216·2 Empl. Prac. Dec. (CCH) 10,211
Supreme Court of CaliforniaApril 24, 1970L.A. No. 29683California2,235 words

Opinion

lead Opinion

Burke, J.

Plaintiff appeals from an order of dismissal entered after defendants’ demurrer to the third amended complaint was sustained without leave to amend. The complaint seeks to recover actual and exemplary damages against defendants, based upon their alleged intentional infliction of emotional distress and alleged violation of the Unruh Civil Rights Act (Civ. Code, §§ 51-52). We have concluded that the complaint states a cause of action for intentional infliction of emotional distress, and that the order of dismissal must be reversed.

At the outset, it is well settled that a general demurrer admits the truth of all material factual allegations in the complaint (Flores v. Arroyo, 56 Cal.2d 492, 497 [ 15 Cal.Rptr. 87 , 364 P.2d 263 ]); that the question of plaintiff’s ability to prove these allegations, or the possible difficulty in making such proof does not concern the reviewing court (Katenkamp v. Union Realty Co., 6 Cal.2d 765, 769 [ 59 P.2d 473 ]; Division of Labor Law Enforcement v. Barnes, 205 Cal.App.2d 337, 346 [ 23 Cal.Rptr. 55 ]); and that plaintiff need only plead facts showing that he may be entitled to some relief (Vanoni v. Western Airlines, 247 Cal.App.2d 793,…

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.