Kahn

County of Fresno v. Kahn

Good Law
207 Cal. App. 2d 213·24 Cal. Rptr. 394
Court of Appeal of CaliforniaAugust 29, 1962Civ. 25620California1,685 words

Opinion

Opinion

Wood, J.

Demurrer of defendants Kahn to the amended complaint was sustained. Plaintiff did not amend within the time provided by law, and judgment of dismissal was entered. Plaintiff appeals from the judgment.

This is an action to foreclose a mortgage which was executed by Nazzarena Persicone as security for payment of money expended by plaintiff on her behalf.

The first amended complaint alleged in substance, as follows : On June 15, 1955, Nazzarena Persicone, in order to give security to the plaintiff county for money expended, and to be expended, on her behalf for hospitalization, medical treatment, drugs, food and shelter, executed an indenture whereby she mortgaged to the county all real property which she then owned or which she might thereafter acquire, and specifically real property in the County of Santa Barbara (specifically described in the amended complaint). On July 7, 1955, the mortgage was recorded in Santa Barbara County. A copy of said mortgage is attached to the complaint as a part thereof. Between April 25, 1950, and August 1, 1952, the county, through its general hospital, rendered goods and services to said Nazzarena Persicone at a cost to the county of $2,250.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.