Wulfjen

The propriety of the trial court’s conclusion that the maintenance of a prior action was ground for abatement of this action governs the disposition of this appeal.

On February 15, 1940, plaintiff herein filed an action in the Superior Court of Los Angeles County (the prior action) against O. L. Dolton, Jr., Lindley W. Potts, Helen King and Concrete Homes Corporation, a corporation. By her amended complaint therein plaintiff alleged that the individual defendants were the organizers and promoters of the defendant corporation and that such defendants at all times mentioned “held the majority and absolute control of said corporation.” It is next alleged that the corporate defendant was at all times the alter ego of the individual defendants Dolton and Potts. The amended complaint then recited that plaintiff having been induced, through the fraud and misrepresentations of the named individual defendants, to part with and having parted with substantial sums of money to the defendant corporation, which she later learned to be insolvent, “plaintiff has elected to and has rescinded said agreement and each and every transaction relating thereto.” The quoted language related to a “Notice…