Allen

Introduction

Our original opinion in the subject case affirming the judgment was filed on December 9, 1974. Appellant filed a petition for hearing in the California Supreme Court. On May 29, 1975, that court issued its decision in Beaudreau v. Superior Court, 14 Cal.3d 448 [ 121 Cal.Rptr. 585 , 535 P.2d 713 ], and thereafter, under its order of July 9, 1975, retransferred the within matter to us for reconsideration in the light of Beaudreau . Our revised opinion follows:

The Case

Arthur T. Allen, plain tiff-appellant herein, on February 20, 1973, filed a complaint for “breach of contract, etc.” naming Jordanos’ Inc., a California corporation, and others as defendants (respondents herein). The plaintiff filed a first amended complaint for breach of contract and defamation on March 9, 1973. On May 8, 1973, the defendants filed a demurrer and motion to strike those causes of action that dealt with' defamation pursuant to section 830 of the Code of Civil Procedure. This motion was granted by the court without prejudice.

The plaintiff thereafter filed other amended complaints. His fourth complaint for breach of contract, deleting the defamation cause of action, was filed…