Papantonio

The trial court dismissed the complaint, and the plaintiff, Rose Papantonio, appeals.

The original complaint was filed but was never served. The first amended complaint was lengthy and contained numerous claims not separately stated. The court ordered plaintiff to recast her complaint into separately stated causes of action. A second amended complaint was filed which did not comply with the court’s order. It was cast in the manner to allege one continuing conspiracy beginning sometime in 1927 whereby certain of the defendants intended to and did cheat the plaintiff and others out of large sums of money.

Motions were made by defendants to dismiss the complaint upon the following grounds. The second amended complaint does not separate the claims as ordered by the court. It does not separate the several claims contained in it. It states no cause of action. All claims alleged therein are barred by the statute of limitations and by laches. The corporation Transamerica and subsidiaries are necessary parties.

Motions were also made by defendants that plaintiff be required to file separate statements as to claims, that plaintiff be required to file more definite statements of claims,…