Duffy v. Duffy

The principal question to be determined is the validity of the court’s action in sustaining without leave to amend plaintiff’s demurrer to defendants’ second amended cross-complaint (erroneously denominated third amended cross-complaint) and granting the motion to strike the same.

The case involves certain real property and two garage businesses in Marin County. Plaintiff filed a quiet title action against his nephew and niece. The complaint was in the usual form and alleged that plaintiff was the owner of the real property and businesses and that defendants claimed interests therein which…