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HIGGINS v. DEL FARO

Docket No. 60817.

123 Cal.App.3d 558 (1981)

176 Cal. Rptr. 704

BEVERLY HIGGINS, as Trustee, etc., Plaintiff, Cross-defendant and Appellant, v. GORDON P. DEL FARO et al., Defendants, Cross-complainants and Respondents; VAN R. DENTAL PRODUCTS, INC., Cross-defendant and Respondent.

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

September 11, 1981.

Attorney(s) appearing for the Case

COUNSEL

Nordman, Cormany, Hair & Compton, Michael C. O'Brien and Glen M. Reiser for Plaintiff, Cross-defendant and Appellant. J. Gregg Evans and Robert T. Moulton for Defendants, Cross-complainants and Respondents.

Hathaway, Perrett, Webster & Powers and Paul D. Powers for Cross-defendant and Respondent.

OPINION

HASTINGS, J.

This is an appeal by Beverly Higgins, plaintiff, trustee of the Matthew Trust, from a judgment on the pleadings after her motion to amend her pleadings on the day of trial was denied by the trial court.

Plaintiff commenced the litigation on or about December 1, 1978, by filing a one-count complaint for specific performance against Gordon P. Del Faro and ten Does. The complaint alleged that plaintiff agreed...

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