ALL SERVICE LIFE INSURANCE CORPORATION v. CATLING

No. 289-58.

171 F.Supp. 686 (1959)

ALL SERVICE LIFE INSURANCE CORPORATION, an Arizona Corporation, Plaintiff, v. George CATLING, Defendant.

United States District Court S. D. California, Central Division.

March 26, 1959.


Attorney(s) appearing for the Case

Nola McLane, Los Angeles, Cal., for plaintiff.

Dolley, Jessen & Painter, Los Angeles, Cal., for defendant.


HALL, District Judge.

The Defendant's Motion to dismiss the First Amended Complaint is based upon two grounds: First, that the facts alleged are not sufficient to constitute a cause of action for fraud, and second, the statute of limitations has expired, and plaintiff has not pleaded facts which would bring them within the exception of West's Ann. California Code of Civil Procedure, § 338 which does not toll the statute until discovery of the fraud.

Neither...

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