Pentz

Plaintiff appeals from an order dismissing her action against defendant pursuant to the provisions of section 581, subdivision 3, Code of Civil Procedure, when she declined to amend her amended complaint after a demurrer thereto had been sustained with leave to amend and, as expressly provided by the statute, moved for such dismissal. In addition to other relief, the action sought recovery of assertedly excessive amounts collected by defendant under a Mexican judgment based, in turn, upon an earlier judgment in a California.divorce proceeding.

We find the relevant background facts in plaintiff’s pleading which, in the procedural posture of the case, must be accepted as accurate. (Endler v. Schutzbank, 68 Cal.2d 162, 165 [ 65 Cal.Rptr. 297 , 436 P.2d 297 ].) Both parties were formerly married to Elliott H. Pentz, a Los Angeles attorney since deceased. Defendant’s marriage to Mr. Pentz was dissolved in Los Angeles by a final judgment of divorce entered on September 11, 1964; unmodified thereby were the provisions of the interlocutory judgment (August 13, 1963) whereunder Pentz was ordered to pay alimony of $500 per month commencing August 1, 1963, as well as attorney’s…