California Court of Appeal June 4, 1959, Civ. 18278 (Taylor v. Vallelunga)

O’DONNELL, J. pro tem.

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The complaint in this action contains three counts. We are concerned here, however, only with the allegations of the first two counts. In the first count, plaintiff Clifford Gerlaeh alleges that on December 25, 1956, defendants struck and beat him causing him bodily injury for which he seeks damages. In the second count, plaintiff and appellant Gail E.