Bissett

Plaintiff, formerly the fourth wife of the late Lewis Luckenbach, has presented her amended complaint against the defendants who served as trustees under a trust created by Luckenbach. Plaintiff predicates her cause on a charge of alleged fraud on the part of the trustor and the several trustees who allegedly conspired to defraud her. The complaint is captioned as one for damages, conspiracy to deceive and fraud.

Defendants filed a motion to dismiss the original complaint and after lengthy argument and briefing Judge Edward Murphy dismissed the complaint on his own motion, stating in part that the court did not intend to “lend implied sanction to a shocking case of failure to abide by Fed.R.Civ.P. 8 [28 U.S.C.A.].” The full text of the court’s order appears in the footnote. 1

Plaintiff has filed her amended complaint which seeks to rehabilitate, and to avoid apparent inconsistent theories which appear upon a comparison of the original complaint and the amended complaint.

Under the circumstances the original and amended complaints must be considered together in meeting the impact of the present motion to dismiss. Lee v. Hensley, 103 Cal.App.2d 697 , 230 P.2d 159 ; Zakaessian v.…