In what circumstances will a court enter a judgment of dismissal after demurrers to the third amended complaint are sustained without leave to amend?
California, United States of America
The following excerpt is from Sousa v. Capital Co., 220 Cal.App.2d 744, 34 Cal.Rptr. 71 (Cal. App. 1963):
In Stafford v. Ballinger (1962), 199 Cal.App.2d 289, 18 Cal.Rptr. 568, a judgment of dismissal was entered after demurrers to the third amended complaint were sustained without leave to amend. It does not appear what proceedings were taken to obtain the dismissal. The court said (199 Cal.App.2d p. 298, 18 Cal.Rptr. p. 573): 'When a demurrer to a complaint has been sustained without leave to amend, the only judgment which properly may be entered is a dismissal of the action.'
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