Wiedemann v. Fox

THE COURT. This is the second appeal in the within action, the first having resulted in a reversal of a judgment of' dismissal entered after a demurrer to the amended complaint was sustained without leave to amend. (175 Cal.App.2d 66 [345 P.2d 356].) In reversing the trial court’s judgment, the appellate court declared that 1 ‘ Plaintiff should be given an opportunity to seek legal advice for the drafting of a second amended complaint” (p. 68). On remand she elected not to do so; and, demurrers to two more amended complaints having been sustained, defendant West Coast Electronics Company finally answered certain pleadings denominated “Conception of the Slanderous Conversation between Belle Schwartz Fox and Hotel-Manager Hern. Courtright, Employer of Plaintiff’s Husband, Wm. Wiedemann, Pastry Chef” and “Amended Complaint as Permitted by Allen T. Lynch, Plaintiff Erroneously Did not Title Her 1 Conception of the Slanderous Conversation’ as ‘Amended Complaint. ’ ” Defendant Fox was served with process in New York but never entered an appearance in the litigation. The trial was conducted by plaintiff in propria persona. When the case was called, counsel for defendant West Coast Electronics Company informed the court, “before we begin, that on numerous occasions in the past on law and motion pleadings . . . Mrs. Wiedemann has been advised by the court to retain an attorney, but she has refused ...” Following a court trial, judgment was rendered in defendant’s favor and motions for a new trial and for disqualification of the trial judge were denied. Plaintiff has appealed from the judgment; she also has attempted to appeal from the nonappealable order denying her a new trial.

At the outset, we label the many statements made by [814]appellant and contained in the document filed by her as an opening brief, as scurrilous, degrading, insulting and defamatory in nature and, finding them to be so numerous and inextricably incorporated into her purported argument as to render the entire document unworthy of inclusion in the files of the within action, we order the same stricken from the records and files of this ease, completely removing them from any consideration by this court in connection with the merits of the within appeal, and excoriate appellant for her irresponsible and totally inexcusable conduct in the presentation of such a document to this court.

Since the action, was tried in the lower court by plaintiff on the theory set forth in the prior opinion, we quote from the pertinent part thereof in lieu of the rambling, disconnected and unintelligible factual statements made by appellant in her oral argument: “May 10, 1957, at the request of defendant Fox, employees of West Coast installed an electronic sound surveillance device in the apartment occupied by plaintiff and her husband, William Wiedemann, who was employed as a pastry chef by a Beverly Hills hotel at a salary of $85 per week; entry to the apartment was gained forcibly, unlawfully and without the consent of the Wiedemanns; through conversations overheard by means of the device agents of West Coast learned where Wiedemann was employed and transmitted this information to Mrs. Fox; actuated by malice against the Wiedemanns because of an attack upon her late father contained in an unpublished book written by plaintiff, defendant Fox wrongfully caused Wiedemann to be discharged from his job at the hotel; May 27, 1957, the day of her husband’s discharge, plaintiff smashed the sound device and the following day it exploded; unable to obtain other employment as a pastry chef in California, Wiedemann went to Colorado, where he obtained part-time employment as a baker, contracted sleeping sickness and returned to Los Angeles where he died September 3, 1957.” (175 Cal.App.2d 66, 67 [345 P.2d 356].) Damages in the sum of $10,000 were sought.