Merlino v. West Coast Macaroni Manufacturing Co.

Defendants demurred generally and specially to plaintiff’s first amended complaint. The trial court sustained the demurrer, and granted plaintiff 10 days to amend. *108Plaintiff failed to amend, and judgment was entered for defendants. Plaintiff appeals.

The law applicable to such an appeal is well settled. “A plaintiff who has declined to amend his complaint, after a demurrer sustained, which is both general and special, must stand upon his pleading as against both grounds of demurrer.” (Aalwyn v. Cobe, 168 Cal. 165, 173 [142 P. 79]; see, also, California Trust Co. v. Cohn, 214 Cal. 619 [7 P.2d…