Barasch v. Epstein

VALLÉE, J.

Appeal by defendant from a judgment for plaintiff entered on the granting on his motion for judgment on the pleadings.

The action is for money alleged to be due plaintiff from defendant. The question is the sufficiency of the answer. A plaintiff may recover judgment on a motion for judgment on the pleadings only if his complaint states facts sufficient to constitute a cause of action and the answer neither raises a material issue nor states a defense. (21 Cal.Jur. 235, § 164.) We have concluded that the answer explicitly traverses various material allegations of the complaint and that it was error to-grant the motion.

Material allegations of the complaint and the answers thereto are:

Complaint Answer

1. A. 'S. Epstein Associates Inc. is a California corporation...............................Admitted

2. Defendant is the president of the corporation.. Admitted

3. The corporation is “dominated and controlled - ■ by” defendant and “there is such a unity and

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Complaint Answer

interest and ownership that there is no separateness in fact between” the corporation and defendant................................ Denied

4. Defendant was authorized and empowered to draw checks on the funds of the corporation.. Denied

5. The transactions took place in Los Angeles and all sums became due and payable in Los Angeles Denied

6. On August 28, 1950 plaintiff owned $18,000 of promissory notes executed by the corporation in his favor and 9 shares of the stock of the corporation ..............................Admitted

7. On that date plaintiff and defendant agreed in writing that plaintiff would sell the notes to defendant for $900 cash and 7,200 Israeli pounds, 1,200 pounds to be paid on or before November 1.1950, and 6,000 pounds on or before January 1.1951. The moneys, except the $900, were not paid by defendant on the dates mentioned.....Denied