Olsen

JoAnn Olsen filed a small claims action to recover $390.75, the purchase price of a sofabed she bought from appellant 117 Sales Corporation. She charged the sofabed was represented to be a “Riviera” sofabed but it was not; the sofabed had a metal bar so placed as to prevent comfortable rest or sleep by a human body. She found herself, by a cross-action process, a codefendant, along with Michael Siegel and Riviera Manufacturing Company (franchisor of 117 Sales Corporation) in a superior court, three-count, twenty-page, $25,000 damage action.

The trial court sustained her general demurrer to the first and second causes of action without leave to amend and granted her motion to strike (treated as a motion for summary judgment) and entered a judgment of dismissal as to Olsen only. Her small claims action was remanded to the appropriate tribunal. We affirm the order and judgment.

The sole issue on appeal is whether the trial court abused its discretion in granting Olsen’s motion for summaiy judgment and in sustaining her demurrer without leave to amend. 117 Sales Corporation has not appealed the trial court’s sustaining of Olsen’s general demurrer without leave to amend as…