Filice

Plaintiff Frank H. Filice appeals from a judgment of dismissal entered after defendants’ demurrers were sustained without leave to amend.

This action is one to recover damages allegedly resulting from a fraudulent conspiracy perpetrated by defendants James Boeeardo, Robert Popelka, Doctor W. Henry Harper, Robert Cimino, Elmer Collett, 15 John Does, and 5 Jane Does.

The pleading is most difficult to follow; however, we believe we have fathomed the relevant allegations of the complaint to be as follows: On August 17, 1951, plaintiff was seriously injured when his automobile was struck by a pickup truck driven by one Dellis Hofer during the course of his employment with the federal government. (Plaintiff’s injuries included fractured ribs, damage to both eyes, loss of equilibrium, injury to the nervous and digestive systems, and a chronic brain" Syndrome so severe as to deprive him permanently of all earning power.)

On August 31, 1951, defendant Boeeardo, acting as the attorney for plaintiff, filed a personal injury action number 30854 in the United States District Court, Southern Division, Northern District of California, seeking damages on behalf of Filice from the defendant…