Venuto v. Owens-Corning Fiberglas Corp.

Plaintiffs appeal from a judgment entered upon the sustaining of a general demurrer without leave to amend to a second amended complaint seeking an injunction and damages for a public nuisance. No claim is made by plaintiffs that had they had another opportunity to amend they would have done so or that they could have stated a cause of action by allegations other than as contained in the second amended complaint.

The instant action is brought by four plaintiffs and the subject complaint purports to state a cause of action on behalf of each plaintiff in two separate counts. Each plaintiff…