Konecko v. Konecko

Plaintiff appeals from the judgment and/or minute order granting defendant’s motion to dismiss after the demurrer to his second amended complaint had been sustained and he had failed to further amend.

The question raised on appeal is whether the facts alleged in the second amended complaint are sufficient to constitute a cause of action. The complaint attempts to state four causes of action for rescission of a property settlement agreement executed by plaintiff and his deceased wife, and one cause of action for declaratory relief.

The following is a summary of the salient facts alleged by…