Spector v. Miller

199 Cal. App. 2d 87 ·

California Court of Appeal · Filed January 11, 1962

Published · citable Cited by 1

Holding

The court held that the trial court erred in sustaining a demurrer to the third amended complaint without leave to amend, as the pleading adequately alleged facts supporting the existence of a constructive trust arising from a fiduciary relationship among joint purchasers, and the action was not necessarily barred by the statute of limitations due to alleged fraudulent concealment.

Statutes construed

CCP § 338
CCP § 339
CCP § 343
CIV § 2223
CIV § 2322

Cited by (1)

TED E. VAN DE KAMP et al., Plaintiffs and Appellants, v. BANK OF AMERICA, Defendant and Appellant (1988) 204 Cal. App. 3d 819