Leadford

Betty L. Leadford appeals from a trial court order sustaining respondent’s demurrer without leave to amend and staying the action in part on the ground there is another identical action pending in another court. We conclude the stay was granted on improper grounds, and reverse.

Facts

The court below treated the demurrer as though made to appellant’s first amended complaint, even though that complaint was never filed. We derive the facts from the amended complaints. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [ 216 Cal.Rptr. 718 , 703 P.2d 58 ].) In 1957, appellant and respondent were married in California. In 1970, they divorced in Pennsylvania. Under Pennsylvania law, the divorce decree incorporated a marital property settlement agreement, under which respondent agreed to make certain support payments to appellant and her children. Respondent failed and continues to fail to comply with his support obligations under the agreement.

In 1979, appellant filed an action in Pennsylvania state court to enforce the terms of the property settlement agreement, in particular those under which respondent had agreed to make support payments. Respondent answered, but so far as it…