GREGORICU

From a judgment in favor of plaintiffs after trial before the court without a jury in an action to recover damages for fraudulent misrepresentation, defendants appeal.

The trial court found, supported by substantial evidence, that plaintiffs bought a two-story house and lot from defendants in reliance on their fraudulent oral misrepresentation that they did not intend ever to build on an adjoining lot (owned and retained by defendants) so as to obstruct plaintiffs ’ view; that defendants thereafter built a one-story extension to the house on their lot, obstructing plaintiffs ’ view from the lower story; and that plaintiffs suffered damage in the sum of $4,900.

Defendants contend:

First: The trial court committed error in making an order permitting the filing of the first amended complaint without notice to defendants, since a demurrer had been filed to the original complaint• and not ruled upon.

This contention is devoid of merit. After the amended complaint was filed, defendants filed an answer thereto and went to trial without making any objection. The error, if any, was thus waived by defendants. (Cf. McGlure v. Donovan, 33 Cal.2d 717, 731 [12] [ 205 P.2d 17 ] ; Baker v.…