California Central Airlines v. Fritz

DRAPER, J.

Plaintiff appeals from summary judgment in favor of defendants. (Code Civ. Proc., § 437c.) Complaint filed May 18, 1956, in its caption listed “California Central Airlines, a California corporation” as plaintiff, and alleged that plaintiff is a California corporaton. The complaint alleged that by an oral contract made May 10, 1956, defendants agreed to lease to plaintiff a described commercial aircraft. It was alleged that plaintiff had paid $500 and had delivered specified airplane equipment to defendants on account of rentals, but that defendants had refused to perform the agreement on their part. The answer consisted in large part of denials but did admit receipt of the $500 payment and of the aircraft equipment described in the complaint.

At pretrial conference December 4, 1957, plaintiff’s attorney stated that the action had inadvertently been filed in the name of the wrong corporation, and that in fact the contract was by California Coastal Airlines, a California corporation, doing business as California Central Airlines. The case was dropped from the pretrial calendar. Plaintiff filed its motion to amend the complaint by substituting as plaintiff California Coastal Airlines. Defendants moved for summary judgment. Affidavits were filed by both sides. After hearing, the court denied leave to amend and granted summary judgment in favor of defendants.

The affidavits show that a California corporation known as California Central Airlines, Inc., once existed, but was dissolved in 1953 and succeeded by California Central Airlines, Inc., a Nevada corporation. This latter corporation was adjudicated a bankrupt in 1955 and was suspended from doing business in California January 2, 1957. California Coastal Airlines was incorporated in California before March 23, 1955, and on that date filed of record its certificate of doing business under the fictitious firm name of California Central Airlines. It will be noted that all the events listed in this paragraph occurred before the making of the agreement here sued upon, and, of course, before filing of the complaint herein.

[438]

Defendants rely upon the general rule that an amendment “must neither state a new or different cause of action nor substitute or bring in any new or different party” (37 Cal. Jur.2d 375, Parties, § 43) and cite many eases to that general effect. However, as is so commonly true of the broader generalities of the law, there are many qualifications of the rule.