Lewin v. Merck & Co., Inc.

[132]

SALSMAN, J.

The trial court sustained defendant’s demurrer to plaintiff’s complaint on the ground that the complaint contained several causes of action not separately stated; plaintiff declined to amend and appeals from the judgment of dismissal.

After common introductory and identifying statements the complaint alleged: “IV. That within two years last past defendant became indebted to plaintiff, at the City and County of San Francisco, State of California, in the sum of $6097.50 which amount represents the difference between the minimum rates for transportation services as established by the Public Utilities Commission of the State of California and the amount paid to plaintiff by defendant for transportation services rendered by plaintiff to defendant at defendant’s special instance and request. V. That the Public Utilities Commission of the State of California has directed plaintiff to collect the aforesaid undercharges. ’ ’ These paragraphs are then followed by allegations of demand for payment, nonpayment, and a prayer for the balance alleged to be due.

The argument in support of the demurrer is based upon the use by the pleader of the plural terms “rates” and “services” in paragraph IV, the contention being that this discloses there were several distinct shipments of goods, and that each shipment gives rise to a separate cause of action which must be separately stated.

(United States

v.

Louisville & Nashville R.R. Co.,

221 F.2d 698;

Bushwick McPhilben Corp.

v.

Bush Terminal R.R. Co.,

8 F.Supp. 684.) We cannot agree

Paragraph' IV of the complaint is the common count of

quantum meruit,

for past services, and is a form of pleading long sanctioned in this state.

(Freeborn