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WELSHANS v. CITY OF SANTA BARBARA

Docket No. 25725.

205 Cal.App.2d 304 (1962)

23 Cal. Rptr. 108

WARNER WELSHANS, Plaintiff and Appellant, v. CITY OF SANTA BARBARA, Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

June 29, 1962.

Attorney(s) appearing for the Case

Charles H. Lynch for Plaintiff and Appellant.

Stanley T. Tomlinson, City Attorney, and Willard W. McEwen, Jr., Assistant City Attorney, for Defendant and Respondent.

HERNDON, J.

This is an appeal by plaintiff from a judgment on the pleadings in favor of defendant City of Santa Barbara in an action brought by a former employee of the fire department seeking compensation for overtime work.

[1] A motion by defendant for a judgment on the pleadings operates as a demurrer to the complaint and if the complaint states a cause of action, it is error to grant the motion. (Dragna v. White,

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