Lentz

Lentz v. Clough

Good Law
1919 Cal. App. LEXIS 188·39 Cal. App. 430·179 P. 223
Court of Appeal of CaliforniaJanuary 22, 1919Civ. No. 2626.California571 words

Opinion

Lead Opinion

Richards, J.

Thisis an appeal from a judgment in favor of the defendants upon the entry of an order sustaining the defendants’ several demurrers to the plaintiffs’ amended complaint. The only serious contention which the appellants urge upon the argument of this appeal is that the trial court abused its discretion in not allowing the plaintiffs a further opportunity to amend their complaint.

The original complaint is not embraced in the record before us, nor are the demurrers to its sufficiency, but if the plaintiff’s first amended complaint and the demurrers of the several defendants—almost all of whom are lawyers—are to be taken as a sample of these earlier pleadings the plaintiffs must have been fully informed as to the deficiencies of their original pleading at the time they prepared and filed their first amended complaint. An examination of this latter pleading has satisfied us that it is subject to each and every one of the numerous objections which were urged against it by the several demurring parties; that it is not, as it purports to be, an action to quiet title; that there is a misjoinder of several causes of action, none of which are sufficiently stated to avoid general demurrer;…

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