Legg

Legg v. Breitenbach

Good Law
17 Cal. Rptr. 815·1961 Cal. App. LEXIS 2528·198 Cal. App. 2d 206
Court of Appeal of CaliforniaDecember 19, 1961Civ. No. 25372California498 words

Opinion

Lead Opinion

Burke, J.

This is an appeal from judgment of dismissal entered after demurrers to a second amended complaint were sustained. The demurrers to the first, second, third, seventh, eighth and ninth causes of action were sustained without leave to amend; those to the fourth through sixth causes of action were sustained with 30 days’ leave to amend, and the judgment of dismissal was entered after the 30-day period elapsed without amendment. The demurrer of the respondent Breitenbach was both general and special, the basic ground for the latter being that the complaint is unintelligible.

The first six causes of action set forth substantially the same facts and are phrased in substantially the same language as the complaint in a previous action entitled Legg v. Brody, 187 Cal.App.2d 79 [ 9 Cal.Rptr. 593 ]. In that case the appellate court affirmed a dismissal entered after a demurrer (both general and special) to the complaint was sustained. There, as here, one of the grounds of the demurrer was the unintelligibility of the complaint, and the court found this ground a sufficient basis for its affirmance.

The complaint in the instant case adds one defendant to the others sued with respect to the…

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