Lapique

Lapique v. Denis

Good Law
1914 Cal. App. LEXIS 306·23 Cal. App. 683·139 P. 237
Court of Appeal of CaliforniaJanuary 9, 1914Civ. No. 1423.California848 words

Opinion

Lead Opinion

Conrey, J.

Separate demurrers to the fourth amended complaint were filed by the three respondents above named. The court having sustained said demurrers without leave to amend, judgments of dismissal were entered in favor of the said respondents, and the plaintiff appeals from said judgments.

The judgments recite the fact that similar demurrers to the preceding complaints in this action had been sustained by the court and that the plaintiff had failed to amend in the respects required as a result of the sustaining of said •demurrers, and that therefore in sustaining these demurrers the orders were made without leave to amend.

As to the first count of the complaint it is sufficient to say that the plaintiff does not therein allege any assignment or transfer to the plaintiff of the property or rights of action of Antoine Begon, the person whose claims to a right of action against the defendants axe set forth in said first count. The second count of the complaint begins by adopting all of the paragraphs of the first count as parts of the second, and adds certain other paragraphs. In one of these it is alleged “that for value received, before the filing of this fourth amended complaint, said…

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