¶1I am not prepared to say that a sham or frivolous demurrer is not a defense within the meaning of the statute that may be stricken out on motion. There must be some mode of making a summary disposition of such pleadings manifestly filed in bad faith for the purpose of delay. Perhaps the object might be as well accomplished by taking such demurrers up on notice out of their regular order, overruling them and rendering judgment at once without giving leave to amend. The result would be the same, reached nominally by a difference in the form of the motion and entry. In this case there was nothing in the demurrer, and the defendant after-wards answered and had the full benefit of a trial. On the other points I concur. Also in the judgment.
30 Cal. 560
Larco v. Casaneuava
Decided October 15, 1866
California Supreme Court · decided 1866-10-15
This was an action of ejectment, and the demanded premises were described in 'the complaint as follows: “ Being a part of the Rancho of Corte Madera, and being situated to the south of the Arroyo of the Alembique, and from thence to the Arroyo of the Cañada of Dennis Martin, and its breadth is from the Arroyo of the Sausal to the high trees of the sierra which looks to the eastand being otherwise described as “ bounded on the north by the Arroyo Alembique; on the south by…
Good law ✅— No negative treatment on recordhow we know
Decided 1866-10-15
How this case has been cited
Cited by 18 later decisions — most recently March 1960
2 federal appellate · 16 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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