Weiss v. Los Angeles Broadcasting Co.

YANKWICH, Judge.

The motion of the defendants to dismiss the amended complaint heretofore argued and submitted, is now decided as follows: The said motion to dismiss the complaint is hereby granted and the said cause is dismissed without leave to amend.

A study of the problem ever since it came before me under the original complaint, filed May 14, 1945, has led me to the conclusion that the plaintiff has no claim and cannot state a claim “upon which relief can be granted.” Federal Rules of Civil Procedure, Rule 12(b) (6), 28 U.S.C.A. following section 723c.

Unlike the first complaint, the…