Manok

Plaintiffs Magda, John M. and Richard E. Manok brought an action for an accounting, for declaratory relief and breach of contract against the defendants Fishman, Kramer, and the California Computerized Financial Service, Inc. Defendant Kramer demurred to plaintiffs’ first amended complaint, which omitted the breach of contract cause of action; the trial court sustained the demurrer without leave to amend. Plaintiffs have appealed the judgment (order) of dismissal.

Our review of the judgment is governed by certain well established principles: the demurrer admits all material and issuable facts properly pleaded; contentions, deductions and conclusions of law will be disregarded. (Daar v. Yellow Cab Co., 67 Cal.2d 695, 713 [ 63 Cal.Rptr. 724 , 433 P.2d 732 ].) If the allegations contained in the plaintiffs’ complaint establish a cause of action against the defendant, the judgment will be reversed. Defendants’ demurrer is based on the contention that the plaintiffs are barred from suit by the statute of limitations set forth in Code of Civil Procedure section 339, subdivision 1.

Plaintiffs allege that, on or about August 15, 1960, they formed a partnership with the…