Thomson

Hoover Community Hotel Development Corporation, plaintiff below, appeals from summary judgments granted to defendants in an action arising out of the refusal of defendant the Lutheran Church-Missouri Synod (Church) to sell a parcel of real estate (Parcel M-4) to Hoover on March 30, 1978, and its subsequent alleged sale to defendant Michael Thomson.

Plaintiff has alleged “conspiracy and breach of contract against all defendants,” “tortious interference with business relations against all defendants except Church,” seeks declaratory relief against all defendants and specific performance against the Church.

Neither in this court nor the trial court has plaintiff contended that the declarations in support of defendants’ motions for summary judgment, considered separately, do not establish complete defenses to the complaint. Thus plaintiff has effectively waived any such contention in this court. (Henderson v. Security Nat. Bank (1977) 72 Cal.App.3d 764, 769 [ 140 Cal.Rptr. 388 ].) Instead, plaintiff contends that triable issues of fact are created by the declarations and depositions it filed in opposition to the motions.

Hoover does complain, however, that it filed…