Metzenbaum v. Metzenbaum

This is an appeal from a judgment of dismissal following plaintiffs’ failure to amend after a demurrer to their second amended complaint had been sustained.

Plaintiffs contend that the court erred in sustaining the demurrers to the original complaint, to the amended complaint and to the second amended complaint. Insofar as the demurrers to the first two of these pleadings are concerned, plaintiffs by amending them after the demurrers had been sustained waived error, if any, in the rulings of the court. (Alhambra Transfer & Storage Co. v. Muse, 41 Cal.App.2d 92, 93 [106 P.2d 63] ; Carter v.…