Granzella

Plaintiffs appeal from judgment of dismissal of the Marin County Superior Court after order sustaining demurrer without leave to amend.

Question Presented:

Does the first amended complaint allege extrinsic fraud?

Record:

Plaintiffs filed “Complaint to Establish Constructive Trust, for Order of Conveyance and for Conveyance by Judicial Officer in Failure to Convey and for Writ of Possession.” Defendant demurred to the complaint. The court sustained the demurrer. Thereupon, plaintiffs filed first amended complaint (hereinafter “complaint”) seeking judgment that plaintiffs are the equitable owners of the described real property and that defendant holds title thereto as constructive trustee for plaintiffs, ordering defendant, or a court-appointed commissioner to convey said real property to plaintiffs, and for other relief. Defendant again demurred. The court, on the theory that the complaint alleged intrinsic and not extrinsic fraud, sustained the demurrer without leave to amend. Judgment of dismissal followed.

The Complaint:

It alleges that plaintiffs are nephews and nieces of Abondi Granzella, deceased; that plaintiffs and defendant are the heirs-at-law of said…