Moya v. Northrup

Opinion

SIMS, J.

Plaintiff has appealed from a judgment embodied in an order of dismissal for failure to amend. (Code Civ. Proc., § 58Id.) The order was made and entered upon plaintiff’s motion after plaintiff failed to amend following the sustaining of defendant’s demurrer to plaintiff’s complaint with leave to do so (§ 581, subd. 3).

Plaintiff’s complaint contains two common counts, reading in part as follows: the first, “Within four years last past at San Francisco, California, defendants and each of them became indebted to plaintiff in the sum of $9,000.00 for money lent by plaintiff to…