Griffin v. International Longshoremen's & Warehousemen's Union

McCOMB, J.

From a judgment in favor of defendants predicated upon the sustaining of a demurrer without leave to amend to plaintiffs’ fourth amended petition, for a writ of mandate to compel defendants to reinstate plaintiffs in the union, plaintiffs appeal.

Chronology:

i. November 15, 1948, the original petition herein was filed in which plaintiff Griffin alleged that on April 16, 1946, he and other unidentified members were wrongfully expelled from defendant union;

ii. January 4, 1949, an amended petition was filed containing a claim for damages ;

iii. March 30,1949, a demurrer to the first amended petition was sustained with leave to amend;

iv. April 11, 1949, a second amended petition was filed;

v. May 9, 1949, a demurrer was sustained to this petition with leave to amend;

vi. May 19,1949, a third amended petition was filed wherein some of the present plaintiffs were joined as parties; defendants filed an answer to this petition;

vii. May 8,1950, plaintiffs’ motion for leave to file a fourth amended petition was granted; and

viii. July 27, 1950, demurrer to the fourth amended petition was sustained without leave to amend, resulting in the present appeal.

Qitestions-.

First:

Does the fourth amended petition show upon its face that the alleged causes of action are tarred ty lachesf

Yes.

The following rules are applicable:

(1) The defense of laches can be raised by demurrer where the laches is apparent upon the face of the petition or complaint.

(King

v.

Los Angeles County Fair Assn.,

70 Cal.App.2d 592, 596 [4] [161 P.2d 468].)

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