Gardner

Cross-complainant, Philip Gardner, appeals from a judgment of dismissal (Code Civ. Proc., § 581c) of his cross-action for indemnity and contribution against certain codefendants in the main action for rescission and damages, namely, Virginia Murphy, et al., following the sustaining, without leave to amend, of their general demurrers to his first amended cross-complaint. The appeal lies. (Code Civ. Proc., § 904.1, subd. (a).)

The fundamental question presented is whether the conduct of Gardner, the sole real estate salesman actively involved as an intermediary in the transaction, on the facts alleged in his first amended cross-complaint and on the facts alleged and/or admitted in the other pleadings on file in this case (all of which are subject to judicial notice both by the trial court and by this court (see Evid. Code, §§ 452, subd. (d)(1), 459 and Code Civ. Proc., § 430.30, subd. (a)) in negotiating the sale in December 1965 of a certain landlocked parcel of land in Malibu to the plaintiffs in the main action, the Philip Bentzes, was such that his cross-action for indemnity against certain of his co-defendants therein, namely (Murphy), the sellers of this parcel and…