Mayor of Los Angeles v. Signoret (1875) · DecisionDepot

Mayor of Los Angeles v. Signoret

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1875 No. No. 4423Published

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Holding. The court held that a complaint is legally insufficient when it attempts to supply essential substantive allegations by mere reference to an annexed exhibit rather than pleading them directly.

Issues

Whether a complaint may rely on an annexed exhibit to supply substantive allegations lacking in the body of the pleading.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“Several matters of substance are lacking in the averments found in the complaint, which are sought to be supplied only by reference to the recitals found in an-exhibit annexed to the complaint”

“This is not sufficient in pleading.”

Synopsis

Matters or Substance in a Complaint.—Matters of substance, which are necessary to be alleged in a complaint, cannot be left out, and the defect supplied by reference to an exhibit attached to and made a part of the complaint.

By the Court: Several matters of substance are lacking in the averments found in the complaint, which are sought to be supplied only by reference to the recitals found in an-exhibit annexed to the complaint—“and to which (exhibit) for all particular allegations therein contained, reference is hereby made,” etc. This is not sufficient in pleading.

Judgment reversed and cause remanded, with directions to sustain the demurrer to the complaint.

Mayor of Los Angeles v. Signoret

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