Kamei

Tsuro Inouye Kamei, by her conservator Takeshi Kawagoe, appeals from a judgment dismissing her action against Masaaki Kumamoto and Phyllis K. Kumamoto for specific performance of a settlement agreement (pending action). The judgment followed an order sustaining respondents’ demurrer to Tsuro’s amended complaint for specific performance after Tsuro indicated to the trial court she did not desire to amend. Tsuro herself presented the judgment of dismissal to perfect her right to appeal.

The pending action filed in July 1965, is the sequel to an action filed by Tsuro on April 25, 1963, (rescission action) against Mr. Kumamoto and several Does, to cancel a deed procured by fraud, deceit, undue influence and without consideration, to determine adverse claims and quiet title to real property. The pending action pleads an agreement which settles the rescission action.

Tsuro is the widow of Teiichi Kamei, who died intestate in Long Beach, on March 29, 1954. Mr. Kamei was the fee simple owner of certain real property.

Since the purpose and effect of the pending action would be to settle all matters complained of in the rescission action which has never been tried, it becomes important…