Korens v. R. W. Zukin Corp., 212 Cal. App. 3d 1054 (1989)

Citation: Korens v. R. W. Zukin Corp., 212 Cal. App. 3d 1054 (1989)
Parent Document: Korens v. R. W. Zukin Corp., 212 Cal. App. 3d 1054 (1989)
Jurisdiction: California (state)
Effective Date: 1989-08-02
Original Source: https://www.courtlistener.com/opinion/2167019/korens-v-r-w-zukin-corp/ ↗

Full Text

902 chars

Also before us is the judgment of dismissal following the sustaining of the demurrer of De Dominico, who was added as a defendant by Korens after the trial court announced its intention to grant summary judgment on Korens’s claims. Although the parties and the trial court have treated De Dominico’s motion as a demurrer, it should perhaps have been treated as a successive summary judgment motion since in essence it asked the court to consider the same evidence it had considered on the first motion. In any event, while the prior summary judgment may not have been res judicata in the trial court because it had not yet been upheld on appeal, the trial court’s ruling has now been upheld; and Korens cannot prevail as a matter of law. Here, since Zukin was not liable for failing to pay interest on a security deposit, neither was De Dominico, who was alleged to be a principal for whom Zukin acted.

Other Sections in This Document (52)

Full Text