ORTIZ v. AVILA

Docket No. 10651.

222 Cal.App.2d 786 (1963)

35 Cal. Rptr. 522

JOSEPH ORTIZ, Plaintiff and Appellant, v. AUGUSTINE AVILA et al., Defendants and Respondents.

Court of Appeals of California, Third District.

December 3, 1963.


Attorney(s) appearing for the Case

Lynn Carman for Plaintiff and Appellant.

Milham, Byrne & Hamilton for Defendants and Respondents.


PIERCE, P.J.

Defendants, Augustine and Mercy Avila, are ranchers in El Dorado County. Plaintiff, Joseph Ortiz, came to live with them in January 1956, remaining until July 1961. The status of moneys delivered by plaintiff to defendants during this period is the subject of the controversy. The theory of the complaint was that plaintiff, who was a person of subnormal intelligence, had delivered his paychecks to defendants; that he "reposed special trust and confidence...

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