Rapaport v. Forer

20 Cal. App. 2d 271 ·

California Court of Appeal · Filed

Published · citable

Holding

The court held that the trial court properly sustained a demurrer to the appellant's three-count complaint without leave to amend, finding the first cause of action for quiet title insufficient for failing to identify the personal property with specificity, the second cause of action for declaratory relief improper because the appellant had a more adequate remedy available under the Code of Civil Procedure, and the third cause of action for conspiracy legally defective for attempting to sue an executor in his representative capacity for a personal tort and for failing to allege a conspiracy between two distinct persons.

Source: cap_files. Verify against the official reporter before relying on this text.