GREENBERG v. EQUITABLE LIFE ASSUR. SOCIETY

Docket No. 41600.

34 Cal.App.3d 994 (1973)

110 Cal. Rptr. 470

DAVID GREENBERG, Plaintiff and Appellant, v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Defendant and Respondent.

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

October 30, 1973.


Attorney(s) appearing for the Case

COUNSEL

Toxey Hall Smith and George D. Donnahoe for Plaintiff and Appellant.

Newlin, Tackabury & Johnston, George W. Tackabury and Arthur W. Francis for Defendant and Respondent.


OPINION

THOMPSON, J.

In this appeal from a judgment of dismissal entered after a demurrer to appellant's first amended complaint was sustained without leave to amend, we conclude that the trial court abused its discretion in not permitting further amendment. We therefore reverse the judgment.

Appellant, suing personally and on behalf of a class of persons similarly situated, filed the complaint which began the case at bench...

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