ALPHONZO BELL CORPORATION v. BELL VIEW OIL SYNDICATE (1938)

District Court of Appeal, Third District, California.

ALPHONZO E. BELL CORPORATION (a Corporation), Plaintiff and Appellant, v. BELL VIEW OIL SYNDICATE et al., Defendants and Respondents.

Civ. 5929.

Decided: January 27, 1938

Overton, Lyman & Plumb, Eugene Overton, Chalmers L. McGaughey, and Donald H. Ford, all of Los Angeles, for appellant. Haight, Trippett & Syvertson, of Los Angeles, and Cullinan, Hickey & Sweigert, of San Francisco, for respondents.

For the reasons stated in the opinion filed this day in Cal.App., 76 P.2d 167, the order of the trial court sustaining the respondents' demurrer to the plaintiff's complaint, without leave to amend, must be held erroneous, and the judgment of dismissal in said action reversed, and the cause is hereby remitted to the trial court with directions to overrule the defendants' demurrer, granting leave to the plaintiff to file an amended complaint, if so advised, and also granting leave to the respondents to file an answer to plaintiff's complaint within such reasonable time as the court may deem just.

PER CURIAM.