FAIRCHILD v. BANK OF AMERICA

Docket No. 24922.

192 Cal.App.2d 252 (1961)

13 Cal. Rptr. 491

A.A. FAIRCHILD, Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), Respondent.

Court of Appeals of California, Second District, Division Two.

May 18, 1961.


Attorney(s) appearing for the Case

Roger J. Pryor for Appellant.

Samuel B. Stewart, Jr., Hugo A. Steinmeyer and Robert H. Fabian for Respondent.


ASHBURN, J.

Appeal from judgment entered pursuant to order sustaining without leave demurrer to first amended complaint.

Plaintiff, an alleged stockholder, sues the defendant bank for declaratory relief and injunction. The complaint fails to state a cause of action for any relief, and the trial court determined that "the alleged cause is not one in which the court should exercise its power to grant declaratory relief because a declaration of rights is not...

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