Wiedemann

Wiedemann v. Fox

Good Law
13 Cal. Rptr. 161·191 Cal. App. 2d 812·1961 Cal. App. LEXIS 2126
Court of Appeal of CaliforniaMay 5, 1961Civ. No. 25162California1,752 words

Opinion

Lead Opinion

This is the second appeal in the within action, the first having resulted in a reversal of a judgment of' dismissal entered after a demurrer to the amended complaint was sustained without leave to amend. ( 175 Cal.App.2d 66 [ 345 P.2d 356 ].) In reversing the trial court’s judgment, the appellate court declared that 1 ‘ Plaintiff should be given an opportunity to seek legal advice for the drafting of a second amended complaint” (p. 68). On remand she elected not to do so; and, demurrers to two more amended complaints having been sustained, defendant West Coast Electronics Company finally answered certain pleadings denominated “Conception of the Slanderous Conversation between Belle Schwartz Fox and Hotel-Manager Hern. Courtright, Employer of Plaintiff’s Husband, Wm. Wiedemann, Pastry Chef” and “Amended Complaint as Permitted by Allen T. Lynch, Plaintiff Erroneously Did not Title Her 1 Conception of the Slanderous Conversation’ as ‘Amended Complaint. ’ ” Defendant Fox was served with process in New York but never entered an appearance in the litigation. The trial was conducted by plaintiff in propria persona. When the case was called, counsel for defendant West Coast Electronics…

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