Feldman

Plaintiff appeals from a judgment of dismissal entered following the granting of a motion to strike the first amended complaint.

Defendant’s demurrer to the original complaint was sustained with leave to amend. Plaintiff filed a first amended complaint which defendant moved to strike as sham. The court granted the motion to strike with leave to amend. Plaintiff did not amend and stipulated to an order dismissing the action preserving her right to appeal. Plaintiff' appeals from the judgment of dismissal.

Pleadings

The original complaint alleged two causes of action for breach of contract: one on an express oral contract, the other on an implied in fact contract. The allegations pertinent to this appeal formed the basis for both causes of action.

The original verified complaint alleged an express oral agreement on or about September 1969, in which plaintiff agreed to give up her old home and employment, move into a new home to be provided by the defendant, and care for the new home and defendant by providing housekeeping and other services full time. It is alleged that defendant agreed in return to support plaintiff for the rest of her life and to share equally with…