Campbell

This appeal is companion to Campbell v. Clark (No. 22624), ante, p. 432 [ 324 P.2d 51 ], The judgment here under review likewise followed rulings which sustained defendants’ objection to the introduction of any evidence and denied plaintiff’s request for leave to amend her complaint. The record discloses that defendants filed a general demurrer to the complaint, but it was stricken by the judge presiding in the law and motion department on the ground that its filing was “not timely.”

It is unnecessary to repeat here the general rules of law governing our review of this judgment and the rulings upon which it is based. Those rules and the supporting authorities are adequately set forth in our opinion in Campbell v. Clark, ante, p. 432 [ 324 P.2d 51 ]. Suffice it to say that defendants’ objection to the introduction of any evidence was designed to subject plaintiff’s complaint to the same test that the judge presiding in the law and motion department would have been called upon to apply had he ruled upon the merits of defendants’ general demurrer instead of striking it from the record.

Our decision can be meaningful only in the light of a thorough and detailed analysis of the…