Mendoza v. Mendoza

This is a motion to dismiss the third cause of action in the amended complaint. The original complaint contained two causes of action seeking annulment of the marriage between the parties. Service of the summons by publication was commenced against the defendant, a nonresident. He appeared by moving to dismiss the complaint. Within 20 days thereafter, plaintiff served an amended complaint in which a third cause of action was added. In that cause of action plaintiff seeks a money judgment for $20,000 alleged to have been fraudulently obtained from her by the defendant and his father. Defendant…