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CANFIELD v. SECURITY FIRST NAT. BANK OF LOS ANGELES et al.†
Having obtained leave of the court in supplementary proceedings, plaintiff filed the instant action on June 10, 1932, to recover the sum of $23,933.34 due her under the terms of a property settlement agreement incorporated in the interlocutory decree of divorce between herself and defendant Charles O. Canfield. In addition to the sum of $23,933.34 and interest, which she alleges had accrued on October 10, 1931, she also prays for such further sums as became due under said agreement subsequent to October 10, 1931, plus interest. The court sustained a general demurrer to the complaint herein without leave to amend, and thereafter entered an order dismissing said action.
The instant action was filed after the entry of a judgment of dismissal upon the sustaining of demurrers without leave to amend in appellant's original suit against the same parties, No. S. C. 60. While an appeal was pending in said action No. S. C. 60, this suit was filed by appellant “to cure purely technical objections to the complaint in said first cause (No. S. C. 60) raised by respondents.” She also states that it was also filed “incidentally for the purpose of setting up additional sums which accrued to plaintiff under her decree of divorce from and after the filing of her complaint in the first case * * * to and including the date of the filing of her complaint in the case at bar.”
For the reasons stated in the decision this day filed in the consolidated cases of Canfield, Cato and Bank of America v. Security First National Bank, 77 P.2d 857, the judgment of dismissal herein is reversed and the cause remanded to the trial court, with directions to allow an amended complaint to be filed setting up the additional sums, other than the sums prayed for in action No. S. C. 60, accruing up to and including the date of the filing of the complaint herein.
YORK, Presiding Justice.
We concur: DORAN, J.; WHITE, J.
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Docket No: Civ. S. C. 48.
Decided: March 28, 1938
Court: District Court of Appeal, Second District, Division 1, California.
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