Kronkright v. Gardner

Opinion

DUNN, J.

Demurrers to plaintiff’s first amended complaint, separately filed by Philip Gardner and Garth G. Gardner, were sustained without leave to amend on the ground no cause of action was stated against either of them, and orders for the dismissal of each defendant were filed (judgments, Code Civ. Proc., § 581d). Thereafter, plaintiff brought separate motions for new trial as to these defendants. After hearing the motions together on July 16, 1971, the trial court entered an order granting plaintiff’s motion as to Garth Gardner, setting aside its dismissal of him and allowing…