Stein

Plaintiff, Hillco, Inc., appeals from a judgment dismissing with prejudice its joint debtor proceeding (Code Civ. Proc., §§ 989-994) against defendant, Leonard Stein,'following the sustaining, without leave to amend, of said defendant’s demurrer to plaintiff’s amended complaint. The sole issue presented is whether a joint debtor proceeding can be prosecuted upon a cause of action for money had and received. We believe not for reasons that follow.

Facts

On June 7, 1974, plaintiff, a California corporation, recovered against one T. J. Costello, Doe One, doing business as Costello, Stein & Co., Inc., and eight other fictitious defendants a default judgment in the total amount, as reduced on appeal, of $10,377.12, none of which has been satisfied. This judgment was recovered on plaintiff’s complaint for fraud, conversion and money had and received in which plaintiff detailed how Costello obtained from plaintiff (on various false and fraudulent representations that he would arrange financing for plaintiff through a lease or leases of its fixtures and equipment) the sum of $8,925, which sum defendants then converted to their own use. Plaintiff, in its third cause of action in…