Factually Inconsistent (Contradictory) Allegations Example Case Law
Coronet Manufacturing Co. v. Superior Court (1979) 90 Cal. App. 3d 342, 347 [153 Cal. Rptr. 366] is an example where the two sets of factual allegations do not match up.
There, the original complaint alleged that decedent was electrocuted while using a defective hair dryer; the amended complaint identified the instrumentality of death as a lamp socket and switch manufactured by another defendant.
The trial court overruled that defendant's demurrer.
The reviewing court directed the lower court to vacate its order and enter an order sustaining the demurrer with leave to further amend.
The reviewing court held that the same general facts did not exist because although there was just a single death and electrocution, the pleadings involved different accidents and different offending instrumentalities. (Ibid.)