Lamb v. Harbaugh

Citations

• 105 Cal. 680
• 39 P. 56
• 1895 Cal. LEXIS 703

Syllabus

<p>Pleading—Misjoinder op Causes op Action—Injuries to Property— Character and Person.—A complaint which alleges that by wrongful acts of the defendant the property of the plaintiff was damaged, her character was injured, and that her health has been permanently impaired, and that by reason of all of these acts she has been damaged in a specified sum, for which she asks judgment, shows a misjoinder of distinct causes of action, forbidden by section 427 of the Code of Civil Procedure.</p> <p>Id.—Trespass to Real Property—Circumstances op Aggravation— Exemplary Damages.—A complaint which is not in terms limited to a recovery for trespass upon real property, hut contains other averments of grounds of damage for injuries to character and to person, and under which the plaintiff at the trial offered proof of injuries to her person and to her health continuing down to the day of the trial, cannot he sustained upon the ground that the action was merely for a trespass upon real property under circumstances of such aggravation as to entitle the plaintiff to exemplary damages.</p> <p>Id.—Uncertainty in Pleading—Actual Damage to Property.—A complaint for trespass to real property must contain a specific and certain averment of the actual damage done to the property, 'even though exemplary damages may be claimed for injury thereto under circumstances of aggravation, and, if the actual damage to the property is not averred with certainty, a demurrer for uncertainty on that ground should be sustained.</p> <p>Id.—Certainty as to Damages—Misjoinder óe Causes.—A complaint alleging such circumstances of aggravation as will entitle the plaintiff to punitory damages in an action for trespass to real property must plead those circumstances in such a manner that there will be no ambiguity or uncertainty in determining that they are set forth solely for the purpose of establishing such claim, and, if they are pleaded in such manner as would be proper in an action brought to recover damage