Bennett v. Hibernia Bank
47 Cal. 2d 540 ·
Supreme Court of California · Filed
Published · citable
Cited by 1
Holding
The court held that a complaint seeking declaratory relief to establish membership rights in a savings and loan corporation, which on its face revealed a complex factual and legal history spanning nearly a century, stated a cause of action sufficient to survive a general demurrer, notwithstanding affirmative defenses of res judicata and the statute of limitations, because the determination of those defenses required a full factual inquiry into the validity of corporate by-laws and the nature of the membership interest.
Statutes construed
- CCP § 1060
- CCP § 338
- CCP § 452
Cited by (1)
- GLADYS TORREGANO STEVENS, Appellant, v. ALFRED TORREGANO, Respondent (1961) 192 Cal. App. 2d 105