Akagi v. Ishioka

*428Opinion

HANSON, J.—

The Case

The plaintiff (appellant herein) filed a first amended complaint containing two counts. The defendant (respondent herein) attacked each count separately by general demurrer for failure to state a cause of action. The court below sustained the demurrer to the first count with leave to amend and overruled the demurrer to the second count. The plaintiff voluntarily dismissed his second count1 and refused to amend his first count. The trial court, on defendant’s motion, ordered dismissal of the plaintiff’s action as to the defendant. The plaintiff has appealed from the…