Heller v. Heller

[88 CalApp2d Page 604] The complaint for divorce herein, alleging extreme cruelty in general terms, was filed on July 19, 1947. A demurrer which specified, among other things, that the complaint was uncertain was sustained on July 29, 1947, with leave to amend within 15 days. At the time the complaint was filed, an order was issued requiring the defendant to show cause on August 4th why he should not pay reasonable sums for attorney's fees, costs, and support of plaintiff and a child during the pendency of the action. When the order to show cause came on for hearing on August 4th, the time allowed for amending the complaint had not expired, and the complaint had not been amended. Upon said hearing, the court ordered, in part, that defendant pay $500 as attorney's fees, $25 as costs, and $60 per week for the support of plaintiff and the child. The defendant appeals from that order.