Herzig

The matter is before the Court on motion of defendant Twentieth Century-Fox Film Corporation to strike plaintiff’s demand for jury trial.

Before giving consideration to that motion, however, a question of jurisdiction must be resolved.

The case was originally filed in the Superior Court of the State of California, in Los Angeles County, on October 26, 1953. After service of process on the defendant, Twentieth Century-Fox Film Corporation, and on November 13, 1953, Twentieth Century removed the case to the above court on the ground of diversity between it and the plaintiff. There is another named defendant, Leonard Goldstein, as well as John Doe and John Doe Corporation, all of whom are alleged to be residents of California.

The complaint is one for damages for unfair competition and unauthorized use of the title to a play called “Vickie.”

The gravamen of plaintiff’s complaint is set forth in Paragraphs V and VI thereof wherein it is alleged that “defendants, and each of them” committed the acts and did the things upon which *847 plaintiff’s cause of action is based. Thus, the acts of all defendants were concurrent and neither separately alleged, nor are they severable from…