Legg v. Brody

FOURT, J.

This is an appeal from a judgment rendered in favor of defendants after plaintiff’s failure to amend her first amended complaint within the time allowed by the court after demurrer sustained thereto.

[80]

Plaintiff filed a complaint on June 10, 1959. A demurrer was interposed by defendants on July 3, 1959. The demurrer came on to be heard before Judge Breitenbach on July 10, 1959, at which time the demurrer was sustained and plaintiff was allowed 30 days within which to amend her complaint. On July 14, 1959, a notice of the ruling on the demurrer was served upon the plaintiff.

A first amended complaint was filed by the plaintiff on August 26, 1959. The title to the amended complaint recited that it was in “Conspiracy, Fraud, Extortion, Nuisance, Wrongful Eviction, Injury and Damages. ’ ’

It is difficult to make any sense whatever from the amended complaint. Apparently plaintiff was attempting to allege a conspiracy between the defendants to damage and injure her in ousting her from an apartment which the defendants apparently owned or controlled. The second cause of action seemingly attempts to allege that the defendants created a nuisance. The third cause of action seems to have to do with an eviction of the plaintiff from an apartment. The fourth cause of action is, among other things, for damages against the defendants for bringing about the “mental instability” of the plaintiff. In the first cause of action plaintiff asks for $90,000; in the second cause for $90,000; in the third cause for $122,000; and in the fourth cause for $50,000.

Any reading of the amended complaint necessarily leads to the conclusion that it can only be characterized as a jumble of words. It is completely disordered and wholly foreign to any known or recognized form of pleading.

Ordinarily the various elements of the amended complaint would be herein set forth in substance or effect and an analysis made thereof to ascertain whether, as a matter of law, the amended complaint states a cause of action. Here, however, as indicated, the amended complaint is a mass or collection of unintelligible phrases, disjointedly put together and completely at variance with recognized pleading. In short, it is the very epitome of confusion. We do not feel called upon, under the circumstances, even to attempt an analysis of the various allegations and statements contained in the amended complaint.