REINERT v. PROUD (1935)

Action for balance due on a note secured by a trust deed. Appellant alleged in paragraph IV of the complaint that on the 18th day of January, 1930, the payee of the note assigned the note and deed of trust to the plaintiff and that plaintiff was the sole owner thereof. The court made the single finding that the allegations of paragraph IV were untrue and gave judgment for the defendant.

Appellant's first point is that the answer did not raise an issue as to the matters alleged in paragraph IV of the complaint. The answer attempted to raise an issue by the allegation “that defendant has no information or belief sufficient to enable him to answer the allegation of paragraph IV of said complaint, and basing his denial upon that ground he denies the allegation therein contained and the whole thereof.” This denial amounts to no more than a denial that the assignment was made on the 18th of January, 1930, and is not a denial, but amounts to an admission of such assignment upon some other day. Hess v. Sausser, 206 Cal. 15, 272 P. 1059; Poe v. Francis, 132 Cal. App. 330, 22 P.(2d) 801; Los Angeles Housing Corporation v. Crowley, 111 Cal. App. 202, 295 P. 371.

In view of the admission of the allegations of paragraph IV of the complaint by failure to deny the same except as above mentioned, and the absence of any evidence contrary to the allegations of said paragraph, the finding of the trial court is wholly without support.

The judgment is reversed.

FRICKE, Justice pro tem.

We concur: STEPHENS, P. J.; CRAIL, J.