Tiedje v. Aluminum Taper Milling Co.

Plaintiff appeals from a judgment of dismissal entered upon the sustaining of demurrers to his third amended complaint without leave to amend. Said amended complaint contains three counts: (1) for declaratory relief; (2) to quiet title; and (3) for voiding an illegal sale of stock. However, these counts rely upon the same facts as the basis for plaintiff’s claimed right to recover certain corporate stock and accordingly, they will be treated as one. (Stephan v. Obersmith, 48 Cal.App.2d 199, 202 [119 P.2d 388]; also Ephraim v. Metropolitan Trust Co., 28 Cal.2d 824, 833 [172 P.2d 501].) Both…