Karp

Plaintiffs filed the complaint herein on July 2, 1962. Twelve of the defendants appeared by demurrer. Each of the demurrers was sustained without leave to amend. Plaintiffs appeal from the judgments thereupon entered. This action will be referred to either as the "second action” or “instant action. ’ ’

In an earlier action, filed on January 16, 1961, plaintiffs had named Beatrice Dunn and Max Dunn, her husband, as two of the defendants. Max died thereafter and Beatrice was substituted for him as administratrix. The Dunns ’ demurrer to plaintiffs’ third amended complaint in that action was sustained without leave to amend. On April 17, 1962, plaintiffs appealed from the judgment thereupon entered (1 Civ. No. 20948). This action will be referred to as the “first action.”

In the second action Beatrice Dunn, individually and as administratrix, was also named as a defendant. Her demurrer to the complaint was sustained upon the ground of “another action pending between the same parties for the same cause.” (Code Civ. Proc., § 430, subd. 3.) The first action was not referred to in the complaint in the second action but the court took judicial notice thereof. (Code Civ. Proc., §…