Tonini
Tonini v. Raccoon Straits Land Co.
Opinion
Lead Opinion
Agee, J.
This action was commenced on November 13, 1963 by Bertha Tonini and Edward Milton Tonini, her husband. He died on December 20, 1963, and his co-executors *106 (Bertha and their son, Edward, Jr.) were substituted in his place as a party plaintiff. The deceased is hereafter referred to as “ Tonini. ’ ’
The defendants who have appeared in the action are Robert Moor and Nella Moor, his wife, Tiburón Tidelands Co., a corporation (hereafter “TTC”), Norman Colivcr, O.razio G-. Rosolia, Raccoon Strait Land Company, a corporation (hereafter “Raccoon”), Robert L. Harmon, Robert D. Mackenzie and Donald F. Williams, individually and as co-partners in Moana Associates (hereafter ‘‘Moana”).
On August 17, 1964 a summary judgment was rendered in favor of Rosolia and Raccoon (Code Civ. Proc., § 437c). On December 28, 1964 the action as against Moana was dismissed after plaintiffs failed to amend their pleadings within the 30-day period allowed by the court upon the sustaining of Moana’s demurrer thereto (Code Civ. Proc., § 581, subd. 3). On January 11, 1965 a summary judgment was rendered in favor of Coliver (Code Civ. Proc., § 437c). Plaintiffs have appealed from each of these three…