A pleading which is sufficient as a common count is not generally subject to general demurrer or to special demurrer on the ground of uncertainty. Brown should be limited to the facts to which they were there applied. 8), and that the principles enunciated in Miller v. ![]() It is concluded that the trial court erred in sustaining the demurrer on the ground that it was uncertain because it could not be ascertained therefrom whether the contract which gave rise to the indebtedness was written or oral (§ 430, subd. A rehearing was granted to reevaluate the propriety of qualifying the pleading of common counts as originally proposed. In originally considering this case the action of the trial court and the judgment were sustained by application and extension of principles found in Miller v. In its decision on the demurrer the court indicated that the demurrer was sustained as to both causes of action on the second ground (see § 472d). 6), and on the ground that the complaint is uncertain in that it cannot be ascertained therefrom whether the contract which gave rise to the indebtedness was written or oral (§ 430, subd. Plaintiff's complaint contains two common counts, reading in part as follows: the first, "Within four years last past at San Francisco, California, defendants and each of them became indebted to plaintiff in the sum of $9,000.00 for money lent by plaintiff to defendants, and each of them, at the request of each of them" and the second, "Within four years last past at San Francisco, California, defendants, and each of them, became indebted to plaintiff in the sum of $9,000.00 for money paid, laid out, and expended for defendant at his instance and request."ĭefendant demurred on the ground that the complaint fails to state a cause of action (§ 430, subd. Proc., § 581d.) The order was made and entered upon plaintiff's motion after plaintiff failed to amend following the sustaining of defendant's demurrer to plaintiff's complaint with leave to do so (§ 581, subd. Plaintiff has appealed from a judgment embodied in an order of dismissal for failure to amend. ![]() Garcia & Garcia and Louis Garcia for Plaintiff and Appellant. EMERITA MOYA, Plaintiff and Appellant, v.
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