Rich

Plaintiff appeals from a judgment of dismissal, entered after defendant’s demurrer to his complaint was sustained without leave to amend. (Code Civ. Proc., § 58Id.)

In his complaint, plaintiff Rich alleged that on April 9, 1968 case No. 930087 was filed in the Superior Court for Los Angeles County, with defendant Siegel as one of the plaintiffs, and Rich as one of the defendants. In that action Siegel sought damages for an alleged wrongful attachment, malicious abuse of process, and malicious prosecution committed by Rich in an earlier action (Los Angeles Superior Court case No. 848797), although Siegel had not been a defendant in that earlier action.

Plaintiff alleged that he filed a motion for partial summary judgment against Siegel alone in case No. 930087, and on July 17, 1968 the court entered an “Order Declaring Defendant’s Claim Partially Established and Severing Cause of Action for Trial,” pursuant to which it was ordered and decreed as follows: “That plaintiff Lillyan S. Siegel’s claim contained as part of the first cause of action contained in plaintiffs’ amended complaint herein lacks merit and that defendant Richard P. Rich’s defense thereto is established .…