How has the court dealt with the issue of a motion to amend or demurrer to a second amended complaint?

California, United States of America


The following excerpt is from Karp v. Dunn, 229 Cal.App.2d 186, 40 Cal.Rptr. 93 (Cal. App. 1964):

Lee v. Hensley, supra, presented such a situation and the sustaining of the demurrer to a second amended complaint without leave to amend was approved, the court stating: 'In effect, plaintiff, in his first complaint, made allegations that were sufficient to show that plaintiff had knowledge of sufficient facts prior to 1947 which would bar a recovery under the statute of limitations. The demurrer to the first complaint was sustained on that ground. To avoid these previous allegations, which would bar a recovery, plaintiff, by the second amended complaint, reverses his position, omits many of the facts and dates set out in his first verified complaint which would preclude a recovery, and alleges that he had no knowledge of the surrounding facts until 1947.

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