(Download) "Dragna v. White" by Supreme Court Of California * Book PDF Kindle ePub Free
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eBook details
- Title: Dragna v. White
- Author : Supreme Court Of California
- Release Date : January 04, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Plaintiff sued three members of the Los Angeles Police Department seeking damages for false arrest and imprisonment. Defendants did not demur, but when the case came on for trial they objected to the introduction of any evidence on the ground that the complaint did not state a cause of action. The objection was sustained, and defendants motion for judgment on the pleadings was granted without leave to amend. It was, of course, error to grant the motion if the complaint states a cause of action. (Chas. L. Harney, Inc. v. Contractors State License Board, 39 Cal. 2d 561, 565 [247 P.2d 913]; Budrow v. Wheatcraft, 115 Cal. App. 2d 517, 522 [252 P.2d 637]; see 2 Witkin, California Procedure (1954), pp. 1500, 1704; cf. MacIsaac v. Pozzo, 26 Cal. 2d 809, 812-813 [161 P.2d 449].)