Pentz v. Kuppinger

Opinion

LILLIE, J.

Plaintiff appeals from an order dismissing her action against defendant pursuant to the provisions of section 581, subdivision 3, Code of Civil Procedure, when she declined to amend her amended complaint after a demurrer thereto had been sustained with leave to amend and, as expressly provided by the statute, moved for such dismissal. In addition to other relief, the action sought recovery of assertedly excessive amounts collected by defendant under a Mexican judgment based, in turn, upon an earlier judgment in a California.divorce proceeding.

We find the relevant background…