Sidebotham

This case was removed to the federal court because of diversity of citizenship, 28 U.S.C. § 1441 .

The background of this case in its pleading stage, and the major allegations of plaintiff’s complaint, are to be found in the opinion of the Court of Appeals reported in 9 Cir., 216 F.2d 816, 831 . The lower court granted motions to dismiss the complaint on file herein on November 5, 1953, without leave to amend. This order • was appealed, and the Court of Appeals ruled that “the appellant, in her third amended complaint, has pleaded facts showing a violation of her rights to property claimed and held by the appellees.”

On the trial of this case the plaintiff proved by credible evidence that she was the victim of a fraud on the part of her husband, Robert Sidebotham, in that he kept her in ignorance of the true extent of their community property. Further, that she did not until after the death of Robert Sidebotham on December 21, 1951 discover facts constituting fraud against her, from which she here seeks relief. In other words, plaintiff sustained the burden of proving the allegations of her complaint, i. e., fraud; her reliance on the fraudulent representations of decedent; and…