Aitken v. Southwest Finance Corp.

PARKER, J., pro tem.

The court below sustained defendant’s demurrer to plaintiff’s second amended complaint, without leave to amend, and thereafter entered a judgment of dismissal. Plaintiff appeals, and the sole question is as to the sufficiency of the complaint.

Preliminarily it may be noted that the demurrer was both general and special; it may be further noted that no serious contention is made on the point that the court did not permit plaintiff to further amend.

Appellant states in his brief that the action was brought for the recovery of interest and penalties under the Usury Law;…