Morales

Action to quiet title, for declaratory relief, and for specific performance. Plaintiffs appeal an order striking their second amended complaint in its entirety and a judgment dismissing their action pursuant to Code of Civil Procedure section 581, subd. 3 for failure to amend within the time allowed. This appeal is properly taken, for an appeal lies from an order striking an entire complaint (Honan v. Title Ins. & Trust Co., 9 Cal.App.2d 675 [ 50 P.2d 1068 ]) and from a dismissal which constitutes a judgment (Code Civ. Proc., § 58Id).

Plaintiffs’ second amended complaint in paragraph I refers to the first amended complaint, paragraphs I to VI, and includes “the whole thereof herein thereby.” The first amended complaint in paragraph I refers to and includes the original complaint, paragraphs I to VIII, and also refers to and includes an amendment to the original complaint entitled “Addendum to Complaint.” Additionally, plaintiffs’ second amended complaint in paragraph VI refers to paragraphs I to V of the same pleading and includes “the whole thereof herein thereby.” As previously noted, paragraph I of the second amended complaint refers to the first amended complaint,…