Avalon Painting Co. v. Alert Lumber Co

In Avalon Painting Co. v. Alert Lumber Co. (1965) 234 Cal. App. 2d 178, the party sought to change a previously asserted conclusion of law. ( Id. at p. 184.) The court concluded that the general rule concerning allegations of facts does not prevent "honest complainants from correcting erroneous allegations of generic terms which may have legal implications but which are loosely used by laymen . . . ." ( Id. at p. 185.) That case, however, recognized "the rule that all allegations of fact in a verified complaint which are subsequently . . . contradicted are still binding on the complainant." ( Id. at p. 185.)