Spreng

Plaintiff and appellant Augusta M. Spreng brought this action against her husband Charles Gr. Spreng and Henry M. Baker and. Laura B. Baker, his wife, to establish her community interest in certain real property in the city of Los Angeles, and for an accounting of the proceeds thereof and for other equitable relief.

Charles G. Spreng was not served with summons and did not appear in the action. The other defendants answered and denied the allegations of the complaint, and pleaded a number of special defenses, among them being “the claims of plaintiff aré barred by the provisions of section 172a of the Civil Code. ...”

The case came on for trial before the court without a jury and after some preliminary discussion an attempt was made by plaintiff to introduce certain evidence. Defendants Baker and wife objected to the introduction of any evidence upon the ground that the action was barred by the provisions of section 172a of the Civil Code and, also, upon the ground that the second amended complaint upon which plaintiff was proceeding to trial failed to state facts sufficient to constitute a cause of action. A motion was also made to dismiss the case “with prejudice”. The…