Timm

The plaintiff appeals from a judgment awarded defendant after the court had sustained an objection to the taking of any testimony upon the ground that the amended complaint did not state facts sufficient to constitute a cause of action. After sustaining the objection to the of evidence, the court forthwith granted judgment on the pleadings.

Under the circumstances the ruling of the court amounted in effect to the sustaining of a general demurrer without leave to amend, and it is appellant’s first contention that it was error for the court to sustain such objection since the same court by another judge in the law and motion had overruled a .general demurrer to the complaint. We do not sustain this contention. It is a somewhat common occurrence for a trial court to change its rulings upon questions of law during the progress of a trial, and a ruling on demurrer occupies no better position in this regard than ruling from which an appeal cannot be taken. (De La Beckwith v. Superior Court, 146 Cal. 496 [ 80 Pac. 717 ].) The inconvenience caused the plaintiff is an occasional byproduct of the system which exists in Los Angeles County of settling the pleadings in one department and of…