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GRIEVES v. SUPERIOR COURT

Docket No. 34328.

157 Cal.App.3d 159 (1984)

203 Cal. Rptr. 556

JAMES PHILIP GRIEVES et al., Petitioners, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; LEONARD L. FOX et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division Three.

June 14, 1984.

Attorney(s) appearing for the Case

COUNSEL

Ruston & Nance and Catherine A. Vincent for Petitioners.

No appearance for Respondent.

Beam, DiCaro, D'Antony & Stafford, Joseph S. D'Antony, Harrington, Foxx, Dubrow, Canter & Keene, Dale B. Goldfarb, Edward R. Leonard, Mark W. Flory, Robert V. Wills and Daniel M. Hodes for Real Parties in Interest.

OPINION

TROTTER, P.J.

(1) The threshold issue before us is whether petitioners' first amended complaint states facts sufficient to constitute a cause of action for battery. Since the sufficiency of the complaint was tested in the trial court by means of demurrer, we accept as true all of its material factual allegations. (Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493

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