Von Beroldingen v. Von Beroldingen

Plaintiffs appeal from orders dismissing with prejudice plaintiff Dorothy von Beroldingen’s complaint and plaintiffs’ amended complaint.

Question Presented

The fundamental question is whether an independent action will lie for child support, including medical expenses, where a divorce court with continuing jurisdiction had made its order for medical expenses only.

Record

Plaintiff Dorothy von Beroldingen individually filed against defendant a “Complaint for Money.” Defendant filed a demurrer and a notice of motion to dismiss the complaint. The hearing on both was set for February 15, 1961, and on that date continued to March 1. On February 28, plaintiff Dorothy, without asking leave of court, filed an amended complaint for “Child Support.” The plaintiffs therein were Dorothy, and “Paul von Beroldingen, a minor, by and through Dorothy von Beroldingen, his mother and guardian ad litem.” On March 3 the court made an order, entered March 6, dismissing with prejudice plaintiff’s orig inal complaint. (The court at no time acted upon the demurrer to this complaint.) Defendant then moved for a dismissal of the amended complaint. On April 6, the court dismissed that complaint with…