Haldane v. Bogy

HERNDON, J.

This is an appeal purportedly taken from a judgment of dismissal entered in favor of respondent following the failure of appellant to amend his complaint within the time allowed after respondent’s general and special demurrers had been sustained. The record before us does not indicate that any formal judgment was in fact entered, but does contain a duly entered minute order granting respondent’s motion to dismiss the action. We shall therefore treat the appeal as having been taken from this order.

(Herrscher

v.

Herrscher,

41 Cal.2d 300, 303-304 [259 P.2d 901];

Jeffers

v.

Screen Extras Guild, Inc.,

107 Cal.App.2d 253, 254 [237 P.2d 51];

Wilson

v.

Frakes,

178 Cal.App.2d 580, 581 [3 Cal.Rptr. 434].)

The complaint is captioned “Complaint—Malpractice; Damages and Conspiracy” and contains nine pages consisting entirely of conclusions and vituperative personal attacks upon the several named defendants. It was filed by appellant

in propria persona

in his capacity as purported guardian

ad litem

of his three minor children. The named defendants are two attorneys, one of whom successfully represented appellant’s wife in her divorce action against appellant, two are friends of appellant’s wife, one of whom is the respondent herein, and appellant’s ex-wife whom he has joined as a party defendant only for the alleged reason that she refused to join as a party plaintiff.

No useful purpose would be served in discussing appellant’s complaint in detail, for it is inconceivable that a pleading so completely lacking in factual allegations or specifications could provide any guidance as a standard of reference in future cases. It is sufficient to say that the complaint sounds in self-pity and resentment, but states no facts sufficient to constitute a cause of action under any theory of law. As nearly as can be determined from this unfortunate man’s