What is the test for sustaining without leave to amend a demurrer to a fifth amended complaint?
California, United States of America
The following excerpt is from Mock v. Santa Monica Hospital, 187 Cal.App.2d 57, 9 Cal.Rptr. 555 (Cal. App. 1960):
Six verified complaints have been filed by the plaintiff. She has failed to overcome the obstacle of the statute of limitations. Under such circumstances, since the number of amended complaints which it was reasonable to permit her to file could not be unlimited, there was no abuse of discretion in sustaining without leave to amend the demurrer to the fifth amended complaint. See Johnson v. Ehrgott, 1 Cal.2d 136, 138, 34 P.2d 144.
The judgment is affirmed.
SHINN, P. J., and VALLEE, J., concur.
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