D'Errico v. D'Errico

Respondent contends that the court erred in holding that a supplemental complaint cannot set forth a new cause of action, and that if a cause of action is not made out by the proof under the complaint, the supplemental complaint must also fail. The authorities cited by the court and the more recent California cases are in complete accord with this decision. Imperial Land Co. v. Imperial Irrigation District (Cal.), 160 P. 116; Miles v. Bybe (Cal.), 211 P. 251; Bancroft's Code Pleading, vol. 1, sec. 458. It is seriously urged that irrespective of what may have been determined concerning the…