Canfield

This is an appeal by the plaintiff from a judgment of dismissal entered after order sustaining demurrers to the amended complaint without leave to amend. The case is a companion case to L. A. No. 16083, L. A. No. 16085 and L. A. No. 16086, this day decided (ante, p. 1 [ 87 Pac. (2d) 830 ]).

The complaint here involved was filed after entry of judgment against plaintiff in the first Canfield case, and while the appeal from the judgment in that case was pending. Apparently, plaintiff filed this present action largely to *36 cure certain possible defects in her original complaint. The trial court in the present ease sustained the demurrers before the determination by the District Court of Appeal on the first Canfield appeal (Canfield v. Security-First Nat. Bank, 8 Cal. App. (2d) 277 [ 48 Pac. (2d) 133 ]) that a similar complaint did state a cause of action.

Respondents contend that the determination of the validity of the complaint filed in the prior Pearl Canfield case is not decisive here for several reasons. In the first place it seeks to reargue the several points decided on the prior appeal. In the second place respondents contend the present complaint pleads the terms of the…