In the District Court of the Seventeenth Judicial District of the State of California, in and for the County of Los Angeles

Filed June 17, 1878

R. S. Baker and E. F. Beale
Plaintiffs
Vs.
The California Star Oil Works Company, a corporation, Sanford Lyon, Christopher Leaming, and F. B. Taylor Defendants

Demurrer – California Star Oil Works Company

And now comes the defendant, the California Star Oil Works Company, and demurrer to the complaint of the plaintiffs in the above styled action on the grounds

I.
That said complaint does not state facts sufficient to constitute a cause of action.

II.
That there is a defect of parties plaintiff, in that it appears upon the face of the complaint that Sanford Lyon and Christopher Leaming should have been joined as parties plaintiff.

III.
That there is a misjoinder of parties plaintiff in this that it appears that E. F. Beale is made a party plaintiff.

IV.
That there is a misjoinder of parties defendant in this:
First - That Sanford Lyon is made a party defendant.
Secondly – That Christopher Leaming is made a party defendant.
Thirdly – That F. B. Taylor is made a party defendant.

V.
That several causes of action have been improperly united to wit:
First - an action for an account and receiver against the California Star Oil Works Company.
Secondly – An action to quiet title against F. B. Taylor, Sanford Lyon, and Christopher Leaming.
Thirdly – An action for a conspiracy against F. B. Taylor.

VI.
That none of the said several causes of action set forth in the complaint are separately stated nor does any one of them affect all the parties to the action.

VII.
That the complaint is ambiguous, unintelligible, and uncertain concerning other things in this:
First – That it is alleged that R. S. Baker is sole owner and solely entitled to the possession of the premises in the agreement mentioned while it is also alleged that R. S. Baker and E. F. Beale are jointly entitled to all the rental.
Secondly – That there is an allegation in the complaint showing that R. S. Baker has acquired by sale, assignment, or otherwise, all or any of the interest of the said E. F. Beale or of the said Sanford Lyon or the said Christopher Leaming in and to the premises in the agreement mentioned or in or under said agreement, or in or to the subject matter of this action.
Thirdly – That it cannot be determined from the complaint who is the owner of the premises, or how the plaintiffs claim title to the premises, or who are the plaintiffs or defendants, or what relief is sought or how said R. S. Baker became owner of the premises mentioned in the agreement or of the rights and interests of said Lyon and Leaming or either of them under said agreement, nor what interest or interests in said premises defendant Taylor purchased, or pretended to purchase.

Greathouse & Blanding
Attorneys for defendant The California Star Oil Works Company