Fletcher

The plaintiff commenced an action to recover a judgment awarding her damages alleged to have been caused by certain fraudulent misrepresentations. The trial court sustained, without leave, to amend, a demurrer to the fourth complaint, that is the third amended complaint filed by the plaintiff; the plaintiff made no application to amend and twelve days later the trial court caused a judgment to be entered in favor of the defendants from which the plaintiff has appealed. If any attack stated in the demurrer was well founded, it follows that the trial court did not err in its ruling on the demurrer. (Burke v. Maguire, 154 Cal. 456, 461 [ 98 Pac. 21 ].)

The complaint and the demurrer are very long. It will serve no useful purpose to recite the entire contents of either or both. Among the numerous attacks made by the demurrer there were included among others: “(I) That said fourth amended complaint does not state facts sufficient to constitute a cause of action against said defendants or either or any of them; (II) that said fourth amended complaint is uncertain in this: (a) that it cannot be ascertained therefrom . . . what if any damages plaintiff is alleged to have sustained ...…