Plaintiff has appealed from a judgment embodied in an order of dismissal for failure to amend. (Code Civ. Proc., § 581d.) The order was made and entered upon plaintiff's motion after plaintiff failed to amend following the sustaining of defendant's demurrer to plaintiff's complaint with leave to do so (§ 581, subd. 3).
Plaintiff's complaint contains two common counts, reading in part as follows:...
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