Associated Convalescent Enterprises v. Carl Marks & Co.

Opinion

SCHWEITZER, J.

Action on a promissory note for unpaid principal ($1,040,000), for accrued interest thereon, for attorney’s fees, 1 for foreclosure of the security for the note, for declaratory and equitable relief, for damages for fraud, and for other related relief. Demurrers were sustained to eight of the eleven causes of action. Plaintiff then filed an amended complaint, again setting forth 11 causes of action. Before defendants filed any pleadings thereto, the action was dismissed without prejudice at the request of plaintiff and without notice to defendants. (Code Civ. Proc., §…